GAS SUPPLY DISPUTE

Evening Post, Volume XCVI, Issue 17, 19 July 1918, Page 8

GAS SUPPLY DISPUTE

PETONE AND HUTT BOROUGH

MATTER BEFORE THE SUPREME

COURT.

A'preliminary point in connection with, the dispute between the Boroughs of Petone and Lower Hutt regarding the cost of gas supplied came before his -Honour Mr. Justice Chapman in Chambers this morning. Mr. E. P. Bunny asked his Honour for directions as to the service of an originating summons in connection with the matter. The question to bo determined between the two boroughs was whether the Lower Hutt Council had power to consent to the variation of an agreement for lighting that was made before the war. Under that agreement Petone agreed to supply gas to the Hutt Borough, and owing to the rise in prices of material, coal, and labour, it had asked the Hutt Council to vary the agreement by gh'ing a larger amount than that provided by the contract. The question to be determined was really whether the Lower Hutt Council, being a corporation representing the ratepayers, had any power to make such a concession. His Honour : You have assumed that it iis sufficient that the two parties should be represented, but they might feel, them-, solves similarly interested. It would be better to make the Attorney-General a party.l. • Mr. Bunny: Then it would be for the Attorney-General to determine whether he would take part? His Honour: Yes. I should say the proper course would be to ■ order service on the Attorney-General and the defendant borough. V Later, Mr. R. C. Kirk appeared for the Petone Borough, and reopened the matter. Petone Council, lie said, took an entirely opposite side of the case to that taken by the Hutt Borough. It would be an almost unnecessary expense to serve the Attorney-General. His Honour: Public interest is involved. If the Attorney-General does not so determine, he will not attend. I think the Attorney General should be served in. a pase of this sort. ' 'Mr. Bunny said he could quite see that on. the ground of public interest the Attorney-General should be served, but tho Hutt Borough was strenuously resisting the attempt by the Petone Council to vary the agreement. His: Honour'-. If the Hutt Borough. Council is simply point-blank refusing to budge from its agreement why have an action at all? . ■■ . \i ■

•Mr. -Bunny : It may be some members of the council. I may say that they intend to resist this action.

His Honour: That doesn't alter my opinion that the Attorney-General should be served. It is.a matter of public interest, as far as the boroughs aTe concerned.