CLAIM FOR DAMAGES

Hawera Star, Volume LIV, 15 August 1934, Page 4

CLAIM FOR DAMAGES

PETROL RESELLER’S ACTION CONTINUATION OP EVIDENCE HAD A BAND PLAYING (By Telegraph —Press Association ) WELLINGTON, Aug. 14. During the hearing of the action of Janies Leach, petrol station proprietor, claiming £SO damages against members of the Wellington Retail Resellers’ Association to-day, Leach was asked in cross-examination if he was making anything for the hire of brass bands. The magistrate inquired what was meant by the bands, and the defending counsel replied that it referred to incidents after (Leach managed to obtain petrol from file 'Shell swer to a question Leach said that after he obtained supplies he had a hand playing on his premises all day. ■Senior-Sergeant Caldwell said Leach complained that ' certain ■ individuals were following him for the purpose of trying to prevent him carrying on business. Read was interviewed and admitted that on one occasion he had been in the vicinity of Leach’s service station at night, he was approached by a constable and the senior-sergeant understood. Read* did not give any .lucid explanation as to why he was there. Read was the' only defendant with whom the senior-sergeant had come in*to personal contact. Ruby Isabella Leach, wife of the plaintiff, who accompanied her husband when he purchased petrol from various service stations, detailed various dates on which she and her husband were followed.

Further evidence that Leach was followed was given. “The issue has never been one of driving Leach out of business, but of maintaining the resellers ’ interests generally,” said Mr Taylor in opening the defence. The right of the plaintiff to trade was not denied in any way, but if in. proper exercise of the defendants’ rights Leach suffered damage he had to fake the consequences. All the defendants, did was to act in lawful exercise of their rights as business men. What they had attempted to do was to establish a fair level of prices, not only for the benefit of themselves, but for the public generally. Assuming for the purpose of argument that Leach had suffered damage, there had still been no malice shown against him. He preferred to go his own way, and the defendants were entitled to say they would have no more to do with him. The president of the Wellington Retail Resellers’ Association, William Murray King, said it would not be possible to make a profit if all resellers sold at Leach’s* price. It had been felt by the executive that Leach was not acceptable as a member of the association. When the Gilmore supplies were cut off, King said, he had approached two resellers and pointed out that it was not a fair thing for them to supply Leach. It was something that could only result in injury to themselves and the rest of the resellers.