COURT OF APPEAL

Dominion, Volume 18, Issue 152, 21 March 1924, Page 5

COURT OF APPEAL

HELLABY. LTD., v. AUCKLAND CITY CORPORATION. The Court of Appeal .was on AVednesday occupied in hearing the appeal of the Mayor aaid City Councillors of AucklaniT againstFtTie decision of Mr. Justice Herdman in Auckland in the case of R. and AV. Hellaby, Ltd., an incorporated company of Auckland, v. the Auckland City Corporation. Mr. Myers. K.C , with him Mr. A. 11. Johnstoje. appeared for the appellants, and Mr. C. P. Skerrett, K.C., witn him Mr. Towle (Auckland) for the respondents. Respondents are not only butchers and sellers of meat in Auckland and its suburbs, but are also sellers of meat slaughtered for export. Hellaby, Ltd., have a slaughterhouse at AVestfleld, where there is also a municipal abattoir, and their claim was for a refund of portion of fees charged by the Auckland City Corporation on the ground that the total charges by the Corporation exceeded the maximum amount which the law entitled the Corporation to charge. It was as sellers of meat from stock slaughtered in its own meat export . slaughterhouse, and sold in Hie municipal abattoir district, that plaintiffs had sought redress from the Corporation. The basis of most of the legal argument heard yesterday was the question of the construction to be nut on certain provisions of the Slaughterhouse 'and Inspection Act of . 1908, and to some extent of the provisions of the amending Act of 1910. The action in the Court below was a claim in respect of two sums, one of over £2OOO and the other of over £9OOO. After hearing ’egal argument, the Court reserved judgment.