SUGAR TRUST CASE

Greymouth Evening Star, 21 April 1914, Page 6

SUGAR TRUST CASE

INTERESTING SEQUEL. <T TELEGRAPH—PER TRFfIS ASSOCIATION WELLINGTON, April 20. A case of soiiß' interest arising out oi the recent Sugar Trust case came on for hearing at the Court of Appeal this morning, before Sir Robert Stout, Chief Ju.-tice, and Judges Edwards and Sim. Plaintiffs are Faiibairn, Wright and Coy., Christchurch, merchants, and defendants Levin and Coy., Ltd-. Wellington. It will be remembered that Levin and Coy., Ltd., were convicted in the sugar trust ease' of offences under Sections 5 and 9 of the Commercial Trusts Act. 1910. Plaintiffs rely upon the acts dune which were held to be offences under the said Act, as causing injury to them in their trade and giving them the right of action. These acts were refusing to sell sugar to plaintiffs on the same terms as they were selling to a combination of merchants, members of the New Zealand Merchants' Association. They also claim that even at common law apart from the Statute, the acts done give them a cause l of action. Defendant objected to the claim as bad in law, and as disclosing no cause of action upon the grounds that none of the acts done were illegal at common law, and (hat the Commercial Trusts Act does not create any duty towards, or any right on plaintiff, or any particular individual a right of action for damages. Messrs Bell, K-C, Skerrett, K.C., and Young appear for the defendants in the objection (o statement of claim. Sir John Fmdlay, K.C., Messrs J. Eindlav and 0. E. Stout for the plaintiffs. Legal argument, which will probably last several days, is proceeding.