Pizza fight to goto appeal

Press, 11 February 1983, Page 1

Pizza fight to goto appeal

The owner of a Christchurch pizza business said yesterday that he would take his fight with the Hotel Workers’ Union to the Court of Appeal to seek elucidation of a legal point. In the meantime, a High Court judge in Christchurch has lifted a writ that took the business out of the owner’s hands. The decision is subject to several conditions.

After yesterday’s decision was released, the owner of the business, Mr Ray Hyndman, telephoned “The Press” and other news media to claim a victory against the union and to say that the business was back in his hands.

Last evening, however, the business was still in the hands of court-appointed sequestrators, probably until this morning, and the appeal will be on the legal point of whether the High Court had jurisdiction-to issue the writ of sequestration.

Mr Justice Holland said in bis decision yesterday: “The evidence produced in the

original application makes it clear that the respondent is in contempt of the Court of Arbitration. Mr Atkinson (Mr C. B. Atkinson, counsel for Mr Hyndman), frankly concedes that he would have difficulty in raising issues of fact justifying the setting aside of the writ." The argument was whether the High Court had jurisdiction to issue a writ of sequestration, and in addition or as an alternative .argument whether the High Court could punish for a contempt of the Arbitration Court. Both the points were covered in six of the nine pages in Mr Justice Roper’s decision issuing the writ and will now be argued again in the Court of Appeal, Yesterday’s court activity was the latest move in a long-running battle between Mr Hyndman as owner of Quality Pizzas, Ltd, and the Hotel Workers’ Union. The uniow -seeks a list of the names, addresses, and positions of Mr Hyndman’s employees.

Mr Hyndman has consistently refused to supply the list in spite of two orders of the Arbitration Court and fines of $lOO and $5OO (the maximum). He has said that his employees have asked him to protect their privacy by not supplying the names, but he is also a man of pronounced anti-union views and has welcomed the opportunity to confront the Hotel Workers’ Union. As a last resort the union , last November sought a writ of sequestration, a writ never before executed in New Zealand, which places

the assets of his business in the hands of a sequestrator until he purges his contempt of the Arbitration Court. The writ was granted by Mr Justice Roper on Monday and executed on Tuesday. The sequestrator, Mr Tony Lewis, a chartered accountant in the Christchurch firm of Barr, Burgess and Stewart, said last evening the firm’s assets were still in bis hands and would continue to be until he received the new court order. He expected Mr Justice Holland’s order lifting the original decision, at least in the meantime, to reach him this morning. Yesterday’s court moves were initiated by Mr Lewis when he sought further

directions from the High Court on managing the pizza business. The original order gave him power only to take possession of the company’s assets and not to manage it. The shops have continued trading. Mr Hyndman was represented for the first time in the High Court yesterday and opposed the move. Mr Justice Holland said that he was dealing with the matter solely because Mr Justice Roper, who granted the writ originally, was in Dunedin and was not due back until next week. Mr Justice Holland refused an application for a rehearing. He said that Mr Hyndman’s ’ counsel had not indicated that he had any new evidence and his argument, as his Honour understood it, was one of law only. His Honour said he accepted that notice of appeal would be given today and he expected the Court of Appeal would deal with it quickly. In the meantime he lifted the writ of sequestration subject to Mr Hyndman’s paying $2OOO as security for the costs of the sequestrators and proceeding “diligently” with the appeal. Mr Hyndman paid the $2OOO security yesterday afternoon but the new order had not been officially sealed. Solicitors are expected to have that done this morning.