BOTTLE OWNERSHIP

Dominion, Volume 30, Issue 47, 19 November 1936, Page 13

BOTTLE OWNERSHIP

Breweries’ Action For Injunction

Because brewers and bottlers are unwilling to buy them back at the price asked, there are between 8000 and 9000 dozen empty beer-bottles lying at the Thorndon store of McKemlrick Bros., Ltd., bottle-dealers, who trade in Auckland and Wellington. A statement to this effect was made in the Supreme Court, Wellington, yesterday by Hubert Ogden, manager for the company at Wellington, when the case was continued in which five breweries and bottling firms are asking for an injunction to restrain the company from alleged non-return and conversion of the bottles.

The Chief Justice (Sir Michael Myers) was on the Bench. Mr. H. J. V. James represented plaintiff, and Mr. F. C. Spratt, with, him Mr. Lloyd Wilson, appeared for defendant company.

Plaintiffs were New Zealand Breweries, Ltd., E. T. Taylor and Co., Ltd., the Tui Bottling Co., Ltd., J. L. Mcllraith and Co., Ltd., and the Public Trustee (representing McCarthy’s City and Phoenix Brewery). It was stated by Hubert Ogden, when cross-examined, that when the firm of McKendrick Bros, began business in Wellington 1/6 a dozen bottles was paid to hawkers, it being understood that that was the ruling rate in Wellington. He had never refused to sell the bottles back to the breweries; all he asked was that he be paid 1/7 a dozen. There were now between 8000 and 9000 dozen branded bottles in store at Thorndon. He had not approached New Zealand Breweries personally, but the Tui Bottling Co., Ltd., and others had refused to purchase them. On instructions from Auckland the price paid to hawkers in Wellington was reduced to 1/3; that was three weeks or a month after the Wellington business had been started.

The case will be continued this morn ing. ,