COLOUR OF MOTORCARS

Dominion, Volume 21, Issue 11, 7 October 1927, Page 9

COLOUR OF MOTORCARS

♦ DISOBEDIENCE OF JUDGMENT ALLEGED APPLICATION FOR WRIT OF ATTACHMENT When Mr. Justice Alpers. issued an injunction to Biack and White Cabs, Ltd., against Edward Sandford, a taxidriver. restraining him from employing a car got up to resemble the black and White cabs, Sandford repainted lus car in blue and white. Plaintiffs were dissatisfied with the work, and yesterday Mr. Justice MacGregor heard an application for a writ of attachment against Sandford for failure to obey the judgment of the Court. Mr. tr. G. Watson appeared for Black and White Cabs, and Mr. H. F. Johnston, for SandMr. Watson stated that defendant had done practically nothing towards complying with the order of the Court, and had rendered long and expensive litigation necessary. The painting was deceptive, and intended to deceive. “I am prepared to stand or fall by Your Honour’s eyesight,” said Mr. JohnHi's Honour: I am afraid that it is not as good as it was. Mr. Johnston: This is a blue; Mr. Watson says it is a black. . Mr. Watson: I say that it is a dark blii£. And I may say that Mr. Justice Alpers found that most of our business was done by night. His Honour (holding ujj. a colour card): This is a dark blue, Mr. Johnston. And why choose such a blue when there are plenty of light blues available? The Court then adjourned to inspect the car complained of. Mr. Johnston submitted that the black canopy of the cab was common to all private cars, and taxi-cabs. The car had been repainted what they considered the proper light blue immediately on the judgment of Mr. Justice Alpers, and although it had been running for some months, there was no evidence ot deception. Nowadays no one would say that the light blue was calculated to deceive. The Blue and White Association also had its own goodwill.

Mr. Johnston went on to point out when tho Blue and White Association had been incorporated, when Mr. Watson objected. He, himself, had not been permitted to deal with such matters. His Honour: The Blue and White Association is not before me at all. That will probably come in tho next action. Mr. Johnston! Mr. Johnston mentioned that the matter was a test case. Mr. Watson: 1 don’t regard this in any way as a test case. His Honour: There can be no test case on a writ of attachment. The question is whether this individual has .honestly carried put the judgment. Mr. Johnston submitted that no order should be made. It was absurd to suggest that a man had been guilty of contempt of Court when he had followed out the reasons of the judgment. The correspondence between the parties showed an intention and desire to carry out the judgment, and there was nothing in the judgment io give the plaintiffs a monopoly of colours approaching black and white. Many calls of identical colour were in daily use in. Wellington, yet there was no evidence of deception. Evidence of deception would, be. entirely irrelevant to the case, said Mr. Watson. The whole question was whether (he man had made a bona-fido attempt to distiguish his cab. and if did not matter one iota whether or not anyone had been deceived at vet. The back view, of the cab was identical with that of the plaintiffs’ cabs. His Honour leserved his decision.