POOL AND GROWER

Dominion, Volume 24, Issue 54, 27 November 1930, Page 12

POOL AND GROWER

Sale of Wheat Crop INJUNCTION SOUGHT Dominion Special Service Dunedin, November 26. A case of importance to participants in the wheat pool was partly heard in the Supreme Court before Mr. Justice Kennedy to-day. The New Zealand Wheat Growers’ Cooperative Association Ltd., applied for breach of contract anil an injunction restraining Andrew Allan, of Awamangu, South Otago, from selling his wheat crop other than through the plaintiff association. Allan was a member of the plaintiff association and had agreed along with a number of growers in the wheat producing districts of New Zealand to sell his wheat only through the pool established by the association. Allan had sold his 1930 crop other than through the association, and the action was brought to restrain him from selling his future crops except through the pool. Mr. H. E. Barrowclough, instructed by Messrs Duncan, Cottrell and Company, of Christchurch, appeared for the plaintiff association and Mr. F. B. Adams appeared for defendant. “Arrangements have been made which make it unnecessary for the case to be heard,” said Mr. Adams. “Plaintiff has waived any claim for penalties but insists upon its right to an injunction to which lam agreeable. Your Honour will observe that the statement of claim asks for an injunction restraining Allan from selling otherwise than through the association his wheat crop for 1931. I have agreed with Mr. Sim. of Christchurch, that the injunction is not to be limited to the year 1931, but should run to the termination of the contract —December 31, 1933.” An injunction in terms of the amendment was sought. Defendant also consented to judgment for £2l, inclusive of costs and disbursements. Mr. Barrowclough said the injunction asked for was in terms of the agreement between the plaintiff association and defendant. Allan had made arrangements to hand over the proceeds of the sale of the 1930 crop to the association to be distributed in the same way as if the wheat bad been sold through the pool. His Honour said that as drawn up the injunction covered Allan’s acquisition of wheat in the market. The case was adjourned to allow of the terms of the injunction to be settled by counsel or to be mentioned in chambers.