DEFECTIVE SAMPLER ALLEGED BY DAIRY SUPPLIER

Grey River Argus, 3 May 1949, Page 5

DEFECTIVE SAMPLER ALLEGED BY DAIRY SUPPLIER

Claim for Losses Over Six Years P.A. ’ NEW PLYMOUTH, April 2. A case of much importance to dairy factory suppliers came before the Supreme Court here to-day. Alleging that the mechanical sampler used in the Waihapa factory of the Eltham Co-operative Dairy Company did not take a “truly representative sample” of the milk supplied from her farm, Mrs Lucy Jane O’Neill, dairy farmer, Pukeangahu, sought £733 9s 4d damages from the company in an action before Mr Justice Hay. The amount of the claim is based on an average loss of decimal 5 per cent, in the tests of the butterfat which was supplied by the plaintiff, as a shareholder, over a period of about six years. Mr N. H. Moss, and with him Mr P. Grey, is appearing for Mrs O’Neill. Mr W. J. Sim, K.C., with Mr J. Hessell, appears for the Dairy Company. The case is one of high importance to the dairy industry in general, and it is unusual in that it is stated to be the first time that the Court has been asked to consider the rights and duties nf a supplier, and of his company, in relation to the supply of milk. The importance of the case to the dairy industry, as a whole, w'as brought out when His Honour said that he supposed that, if Mrs O’Neill’s claim was found to be sound, then the interests of a large number of the sunpliers to the Company would be affected.

Mr Moss said that he did not think this was so, because only about three other suppliers had the necessary proof. “I think that my learned friend is understating the position”, said Mr Sim. “A principle arises in this case that affects the industry throughout New Zealand. I am not overstating the position when I say that there is intense interest throughout the Dominion, and that, should the plaintiff succeed, there are likely to be farreaching effects”. The defendant claims that the samples were, at all times, truly representative, and that the correct amount of butterfat was computed, by regulations. The defence denies short crediting. It states that the correct money was paid. A number of articles of dairy factory equipment were exhibited in the Court. One was a mechanical or “drip” sampler, which type had been used by 'the Company in its ten factories ‘since 1935. But this sampler was replaced on December 10, 1946. It id the efficacy of this sampler that is being questioned. The hearing is expected to last for four days. ' Much of the evidence will be highly technical discussions of methods of taking milk samples and of testing them.