COURT NEWS

Grey River Argus, 14 August 1934, Page 5

COURT NEWS

VICTIMISATION CLAIM By Petrol-Seller (Per Press Association.) WELLINGTON, August 13. Alleging that he had been victimised 1.-y the executive of the Wellington Petrol Re-sellers’ Association, James Leach. proprietor < f a station in Wakefield Street, claimed £5O damages, at the Magistrate’s Court to-day, from peisons forming that executive. The statement of claim >et out that in March he received advice from the Gilmore Oil Company that as the result of a change in policy, whereby the Company was ceasing to supply re-sellers with motor spirit, it would discontinue serving plaintiff with petr< 1. Upon this plaintiff made application to the major oil companies for a supply, but the companies declined. Plaintiff, in consequence, carried on his part of the business by obtaining supplies from various service station proprietor?. Plaintiff had been followed aid kept under observation by defendants cr their agents and others. and his business premises had been watched also. He alleged that defendant. or their agents made representations to coerce private station proprietors to refuse to supply plaintiff. In <or sequenc e of this systematic interference. observation and actions of defendants, plaintiff suffered loss and expense and had been prejudiced in carrying on his business.

Counsel for plaintiff set out the grounds on which the action was brought, as follows: First, intent among defendants to inflict damage on plaintiff. Second, interference with plaintiff in th e right to carry on business without just cause or excuse either individually or in combination Third, conspiracy to damage and injure plaintiff Fourth, malice. Fifth, use threats, coercion, intimidation and molestation. Sixth, employment by defendants of unlawful means in activities against plaintiff, either as (a) constituting a nuisance in the way of annoyance, obstruction, interference, and observation, and intent to injure, or (b) as an offence under the Police Offences Act. and (<•) inciting to lawlessne >s and creating violence amounting to a breach of peace. Seventh, all the foregoing grounds taken together.

Counsel said the whole of tho trouble arose out of the fact that defendants considered the plaintiff a price-cutter, and also considered there were too many service stations in the city. The v therefore endeavoured to put plaintiff out of business. Counsel for the defendants indicated the general lines th e defence would take. First, genera] denial of all of plaintiff’s allegations. Second, that there was no unlawful combination or act on the part of defendants. Third, if justification or excuse was necessary self-interest or trade interest formed adequate answer. Fourth, that plaintiff had suffered no damage. Counsel remarked that other points a’so would have to be touched upon. Nuisance had not been alleged, but it had been put before th e Court in counsel’s address. It had been alleged there had been a breach of the Police Offences Act. Even if - there had been such breach it did not give any right to damages. Evidence is being heard. THAMES ASSAULT CASE. MAORI CHARGED. THAMES, August 13. Hemi (Jimmy) Aki, a Maori, aged 26, was charged at the Police Court, this morning, before Justices J. W. Dan by and N. Jonassen, with an attempted grave offence against an elderly widow. The charge was the sequel to an assault on Saturday evening. On the application of the police, accused was remanded for a week, counsel (Mr C. vT. Garland) stating that he would not apply for bail owing to the serious condition of the victim. It was reported to-day that the woman is still seriously affected by shock and injuries, but is showing improvement.