CENTENARY ENTRY

Grey River Argus, 15 August 1934, Page 6

CENTENARY ENTRY

MANAWATU AERO CLUB Sued by Pilot BUT COURT REFUSES INJUNCTION ANOTHER PILOT PREFERRED. (Per Press Association.) WELLINGTON, August 14. Holding that the plaintiff had n\d proved a contract, the Chief Justice, in a judgment to-day, dismissed a ejaini by Major G. A. C. Cowper, ait pilot, of Palmerston No.'th. for :•? injunction restraining the Manawatu Aero Club from employing, in additions to its one nominee, any person other than the plaintiff to act us pilot of the ('.ub’s aeroplane in the handicap section of the Melbourne Centeuarv air race. In the alternative, it was n:-k<'d hat the Club be restrained from making use of the enitrv made in its name bv plaintiff without fulfilling the condition of entry, namely; by allowing plaintiff to net as pilot. The statement of claim set up that on June 1, a verbal agreement was made between plaintiff and the club, in pursuance of which plaintiff made tin entry for tin* ram* in the. club’s name, ’.vith hiniseif as pilot, and p'tid the entrance fee of £lO. The club now did not intend Io allow him to act as pilot, and had repeatedly stat.-, cd it proposed engaging two 'Other pi'ots. It was further alleged that the entry was made upon the express condition that plaintiff should avt ns pilot of the aeroplane which was l<> be purchased by the dub. The club snee then had threatened and was

continuing to threaten to make. us>? of the entry without al owiug plaintiff to act as pilot. hi the statement of defence, the •lull denied that it entered into ati\ such agreement with Cowper. It alleged that the entry in the race was not made by plaintiff, but by Matthew Henry Oram, on behalf, and in the name of the dub. The dull denied he entry was made upon the can dition that plaintiff should act •<< pilot of the aeroplane, but admitted Hat in the cablegram making pro visional entrv forwarded |»v Oram on its behalf, plaintiff was nominated as one of the pilots. It was also ad m tied by tin* dub that it was <‘n de.-ivouring to arrange to fly an aero 'dune in the race with pilots olh •• than plaintiff.Counsel for plaintiff said th.H plaintiff was a pilot witTi 20 years’ experience. The entrv was for the handicap race, for which the first prize was £2OOO. The agreement ;0« ied on was not in writing. The .Judge said that there aiu-l have been some kind of understand•ng, otherwise the dililegram would not have been seiiit entering the dub. Counsel for the c'ub said the dint u'lty was- in regard to finance, There was not a chance of getting the

gua.-Hiitees required with Cowper as nilot. There was with Souadron. Lender McGregor as pilot. Herbert Ernest 'Edmunds, president of the club, said that in th" early stages the whole thing had been in the air. There were two hours in which to make the entry. \'n mem I ■-rs 'if the dub had power Io enter into an agreement b tiding on the e.'ub. There was never any agreement of that kind. Tt would he fact: ♦ hat if it had been said in the first instance to Oram that Hie dub would not have Cowper, that would have been the end of the project so far as < )i:i:n was cloTVCerned. Oram iwould not have made the entry in the name •if the chib. The c'nb had been ap preached by many people who said they could not understand Cowper’s nomination. It became apparent that with McGregor as pilot there would be no difficulty in arranging finance. “If Oram had been able to arrange finance or if he would assure me now he could arrange it. as far as I am concerned, T would withdraw and let him go on with the flight in ordei to secure Manawatu representation.’ Edmunds slated. The Chief Justice: What is the trouble? Do members of the club or committee want someone other than Cowper?

Edmunds said the dub could no’ get anyone interested in the flight 0 r get guarantees with Cowper as pi’ot. It was correct that But for the i ut.e: vent ion of Oram whether foi himself or Cowper, the entry by the club would not have been made. lie recognised it would be unfair to Cowper not to have him as pilot if fin“anee could be arranged on the assumption that ho would be the pilot. It was necessary, if the club was to bi* represented in the race, for two pilots to leave for England in not jess than a week from now. “Wo could not start with an art union before September 28,’’ Edmunds continued, “and it would be a few weeks after that, before we knew how far i‘ wa< successful. We could only arrange

to get pilots away within a week by obtaining guarantees of finance, guarantors taking the risk of a refund from the proceeds of "the art union, and the aeroplane itself if it came back here. The bank will only

accept a joint and several guarantee for the ' amount required, £lBOO. There is a guarantee available subject to the condition that the pilot is McGregor.” He was satisfied the guarantee would not -be forthcoming for Cowper.

-Cross-examined by Mr Ong’ey, Henry Campbell Walker, captain of ’he Manawatu Aero Club, said the dub at no time approached anybody fo? .a guarantee for Major Cowper s flight. It had not been necessary to obtain guarantees before the art union r.vas granted. “Whether I think Major Cowper v.as shabbily treated by the club. I nm not indicating at the moment, i-ut it occurs to me that the district’s participation in the flight is merely c’.- largely a question of sportsmanship? The matter ought to be capable of an arrangement without any ab-

surdity or anything of that kind,” His Honour suggested. Mr Ongley replied that “that proposition” had been pul. •‘Weil, 1 have nothing more to say Io that.” His Honour remarked. “1 my hint is taken, well and good, am all the for those concerned. I. it isn't taken, I must do justice ?•' the parlies according to the law. whatever the results may be. The position is this; Tf Mr Oram can finance Major Cowper in the flight then, the club says ‘ Very .well, we will not stand in his -way. Ho can make, use of the entry.’ But that is not practical, because Mr Oram can nut do it. Is the district to be represented or not? If Major Cowper .•uc.ccedus in his action, jt cannot be reoresen rMr Ongley: It can be. but will not probably. He submitted that, the evidence established that there was an agreement between plaintiff and th ( * Aero Club. The agreement entered into had been on a. basis similar- t'O a pa rt nership. Length v h'gal submissions were made for the defence by Mr Cooper. He said that undoubtedly there had been something in the nature of an arrangement or proposal that if Ilu mice c.iuld be arranged, a definite, agri'ement would be entered into. bu ! there had been mi definite contract. Il is Honour asked Mr Ongley •" state who would pay Major Cowper’s steamer fare, if the injunction 'were granted. That would be paid by the Acre Club.,’’ said Ma Ongley, “but w<‘ might waive it.”

On the Court resuming, Chief Jus lice Myers said that he had the op portunitv of reading al the papers in the case. After reading them and considering the arguments addressoi to him by counsels, he had come I" the conclusion that plaintiff had no; proved Hu* alleged contract. After reviewing what had taken place between Oram and the club. His Honour said that, Io his mind, it shoved if a contract were made at all, ’I was made with Oram, not with Cowper. Cowper was Oram s agent, not Oram Cowpe-r's. ‘Even if the contra-.-were between the Club and Cowper there* would still b-e difficulty in the way of plaintiff obtaining an injunction. The contract, if conti act there was, was a contract ot pcisonal service, ami it contained no negative stipulat’on. Tn such circumstances, the injunction was not grunted.