BOTTLE CASES

Evening Post, Volume CXXII, Issue 120, 17 November 1936, Page 13

BOTTLE CASES

FIRST ACTION ENDS

FURTHER SUITS PENDING

Judgment was reserved by the Chief Justice (Sir Michael Myers) in the Supreme Court today at the close of the first of the four actions brought by brewers and bottlers against Agnes Callingham, a Wellington bottle-dealer, to secure a restraining injunction to. prevent the alleged non-return of branded bottles and conversion of the bottles. Five similar actions are pending against McKendrick Bros., Ltd., bottle-dealers trading in Auckland and Wellington.

New Zealand Breweries, Ltd., E. T. Taylor and Co., Ltd., the Tui Bottling Co., Ltd., and J. Mcllraith and Co., Ltd., proceeded against Mrs. Callingham. and 'the same four companies, together with the Public Trustee, representing Macarthy's City and Phoenix Brewery, will proceed against McKendrick Bros., Ltd.

Mr. H. J. V. James is appearing for all the plaintiff companies in' both sets of actions. Mr. J. B. Yaldwyn, with him Mr. M. G. Neal, represents Mrs. Callingham, and Mr. Lloyd Wilson will appear for McKendrick Bros., Ltd.

At the close. of the case for New Zealand Breweries against Callingham today, his Honour suggested that the judgment in that case might be treated as a test action on which the other three actions could rely.

An adjournment was taken until this afternoon to allow counsel to confer.

In the cases against McKendrick Bros., Ltd., only the action by New Zealand Breweries will be heard, as it has been agreed that the decision in that will be binding on the others.