ABATTOIR CHARGES

Evening Post, Volume CVI, Issue 89, 12 October 1923, Page 4

ABATTOIR CHARGES

IMPORTANT SUPREME COURT JUDGMENT

COMPANY AND LOCAL BODY.

<W TELEGRAM.—PRESS ASSOCIATION.)

AUCKLAND, 10th October. At the Supreme Court, Mr. Justice Herdman delivered reserved judgment in the case of R. and W. Hellaby, Ltd., v. the Auckland City Council. The company is the holder of a meat export license, and claimed £9365 for refunds in respect of meat sold within the Auckland abattoir district, and £2656 in respect of meat sold within the borough and road districts not within the Auckland abattoir district. The latter sum the company claimed it paid in mistake, while the first claim was founded on the allegation that the fees received by the council produce annually a sum exceeding the maximum permitted by the Act. It was proved at the hearing that the council, in computing the annual cost of the abattoir, included the sinking fund, depreciation, and other charges. His Honour said that the judgment depended mainly on the meaning and intent of section 27 of the Act.

"It seems to me that there is no escape from the opinion that the company is entitled to recover where the charges have exceeded in the defraying of the annual cost of the abattoir, plus 5 per cent, (the second proviso' of the section), no matter whether the fees charged to it were equal to, or more than, the charges recovered from but. chers for use of the abattoir." Dealing with the question of who was entitled to participate in any division of moneys erroneously contributed, his Honour held that the second proviso existed for the benefit of the meat export arid of slaughterhouse meat. The extent of their liability was definitely settled, so if the common fund, contributed by themselves' and other users exceeded the sum required to pay the annual cost,, of the abattoir, plus 5 per cent., they were entitled to recover the surplus overcharged.

Dealing with the second claim, his Honour said that the company was entitled to recover. His Honour ordered the taking of accounts, and reference to the registrar, arid ordered that contributions towards the sinking fund, depreciation, preliminary expenses, and additions to the abattoir should be disallowed.