Court stops entries

Press, 11 May 1989, Page 37

Court stops entries

PA Wellington Wrightson Bloodstock Ltd, has been stopped from calling for or accepting entries for its National Yearling Sale next year.

In an interim order in the High Court at Wellington on Tuesday, Mr Justice McGechan made the restraint until further order of the court. The main hearing to decide whether Wrightson has abused a dominant position in the market is scheduled for the week of June 12. Justice McGechan said if the June hearing did not take place his order would be reviewed.

New Zealand Magic Millions Ltd, and Elders Pastoral Ltd, applied for the interim order pending the June court case. In that, they will allege Wrightson deliberately set the dates for the Karaka (Auckland) and Waikato yearling sales so they clashed with the Magic Millions Sale at Trentham during Wellington’s anniversary week-end. The interim order covers sale days proposed for the period between January 17, 1990, and January 24, 1990. Magic Millions and Elders, as the selling agent, have undertaken not to call for or accept entries for their Trentham sale until the issue is finally resolved. Justice McGechan said that on the evidence available it could be inferred that Wrightson might have chosen conflicting dates in an endeavour to create difficulties for the Magic Millions Sale. That was not the conclusion that might ultimately be drawn, but it was one available.

“It has deliberately, for whatever the reason, picked dates which in practical terms conflicted. To do so, particularly against the background of problems in the previous year, was to invite litigation and various delays as, indeed, has occurred,” he said.