COURT NEWS

Grey River Argus, 2 May 1938, Page 3

COURT NEWS

£6193 CLAIM SUCCEEDS Colonial Ammunition Coy. IPer Press Association.] WELLINGTON, April 29. A decision that the price of ammunition purchased by the New Zealand Government from tne Colonial Ammunition Company should be converted into New Zealand currency, was reached by the Appeal Court in a judgment delivered this morning, in the case of the Colonial Ammunition Company, Ltd. v. The King heard on March 29). The contract entered into by the appellant company with the New Zealand Government for the supply of small arms ammunition provided that the price payable was to be the price equal to the current War Office cost. In 1936 the question of the addition of the appropriate exchange to convert the War Office price into New Zealand currency was raised by the Company, and in May, 1937, the company tiled a petition of right against the King, seeking to recover £6193 2s 7d, alleged to be short paid by the Crown, in respect of the years 193637. Mr Justice Reed, who heard the matter last October, in the Supreme Court at Auckland, held that the company was not entitled to the amount claimed as representing the

exchange difference between English and New Zealand currency. The appeal having been taken before the Chief Justice and Justices Blair, Kennedy, Callan and Northcroft, judgments were delivered by their honours this morning, holding that the case had been wrongly decided in the Court below, and that the price of ammunition supplied must be converted into New Zealand currency. TIMBER STACKERS. ' NOT FACTORY WORKERS. April 29. The question of whether timber stackers can be classed as factory workers, was answered by the Full Court, when it delivered judgment, this morning in the case of Charles Edward Otley of Christchurch v. Sydney William Armstrong, of Christchurch, Inspector of Factories (heard March 23). The appellant, manager of C. E. Otley Ltd., of Christchurch, was convicted and fined £2 by Mr E. C. Lewy, S.M., of Christchurch, for breach of Section Fourteen, of the Factories Amendment Act, 1936, in that being the owner of a factory he failed to pay certain timber stackers for a certain statutory holiday. An appeal was then taken to the Supreme Court, and argued before the Full Court. The question for determination was whether certain timber stackers working in an open space in a timber yard were workers in a factory, 'within the meaning of that term as defined by the Factories Act. By its judgment, the Full Court held that on the particular facts of the case, the workers in question were not employed in a factory, with the result that the appeal was-allowed and the conviction of the appellant was quashed. SUSTENANCE FRAUDS. AUCKLAND, April 29. Two men were sent to gaol, and eight were lined in the Police Court for making false declarations in connection with sustenance. George Anderson was fined £6O and sentenced to two weeks’ imprisonment. lan Thomas Laybour was fined £l2 and sentenced to seven days’ imprisonment. HUNTER WILL CASE. HEARING CONCLUDES. WELLINGTON, April 29. On the eighth day of the hearing, the Hunter will case was concluded before th\ Cout of Appeal to-day, judgment being reserved. The final stages were occupied with the hearing of argument on behalf of the appellants, Thomas Percy Hunter and Cyril Paul Hunter, by Mr C. H. Weston. The Court of Appeal adjourned to May 27. CHRISTCHURCH, April 30. When Edward Dardanell de Maimanche, aged twenty-three, a labourer, appeared before Mr F. F. Reid, S.M., in the Magistrate’s Court this morning, charged with the theft, on April 28, of a bicycle valued at £7, the property of some person unknown, Sub-Inspector W. E. Packer said that the owner of the bicycle had been traced, but other and more serious charges against the accused were pending. He therefore asked for a remand to next Thursday. The MagI istrate granted the remand, and | granted bail of £250 on the accused’s ’ own recognisance, and one surety of : £250. He refused to grant the re- ’ quest of Mr W. H. Hunter, who appeared on de Malmanche’s behalf, for the suppression of the accused’s name. Appearing before Mr F. F. Reid, S.M., in the Magistrate’s Court this morning to answer a charge of steal- ■ ing on various dates between December 1, 1936, and February 28, 1937, a quantity of cutlery and pots, valued at £2B 0s 9d, the property of the Drapery and General Importing Co., Trevlor Vesey Cooke, aged twenty-nine, described as a salesman, was remanded > to appear on May 12, Detective-Ser- ■ geant Sinclair stating that Cooke was involved with a number of other men who would appear on that date tc I answer charges of theft. In reply ,to | Mr T. K. Gresson’s application for the (suppression of Cooke’s name, the MagI istrate said that similar application; I on behalf of the others with whom he was said to be involved had been reI fused, and he would make no exception for Cooke. Bail was allowed or accused’s own recognisance, of £lOO 9 and one surety of £lOO, and he wa: I ordered to report daily to the police. ( BOY OFFENDERS. CHRISTCHURCH, April 30. Fifteen charges of the theft '> bicycle and motor car accessories an< miscellaneous articles were admitte, 1 by two boys, aged fifteen and sixteei years respectively, in the Children’ Court this morning. Over 130 article were stolen within one month. M IF. F. Reid, S.M., was on the Benet and associated with him was Mrs 2 Green, J.P. _ It was stated that the thefts seem

1 —— ————77—777. 5 'ed to be systematically planned, and f I it was not' until, a constable noticed ’ the boys acting suspiciously near a 'lline of cars one night that they were r 1 apprehended. 5 1 Both boys were committed to the care of the Child Welfare Officer for '•'two years, special conditions being s lhat they were not to be out after. 7 ' p.m., except with the permission ot * the Child Welfare Officer; also they a were not to associate with one an c ' other, and restitution was to be made ■ of £1 Is 6d. The theft of a wallet containing £5 was admitted by a young boy, who was d ordered to come up for sentence if ’■ called upon within twelve months. • s Charged with the theft of twentyn ore keys, valued at £1 Is 3d, a boy ■° was committed to the care of the 0 Child Welfare Officer for twelve e months. ?■ Two young boys appeared and ad1S mitted a charge of indecent assault, te ard were committed to the care of J - the Child Welfare Officer for twelve P months. n A fine of 2s 6d was imposed on a °. . youth for careless riding of a bicycle, is and for cycling on a footpath another • boy was admonished and discharged.