APPEAL DISMISSED

Hawera Star, Volume LIV, 29 March 1935, Page 7

APPEAL DISMISSED

MOTION PICTURES SUPPLY.

CONTRACT WAS BINDING.

(By Telegraph— Eresa Association.)

WELLINGTON, March 28

The appeal of British and Dominions Films, Ltd., against Dominion Picture Theatres Company, Ltd., concerning an alleged breach of a contract to supply films to the Plaza Theatre, Auckland, was dismissed in- the Court of Appeal to-day. Mr 11. F. O’Leary appeared for the appellant company and Mr West for the respondent company. “This appeal,” said the Chief Justice, “presents no difficulty. The appellant’s contention is that it is under no obligation, expressed or implied, to release in New Zealand and supply to the respondent any films it may hold. Not only did the respondent bind itself to exhibit the films which the appellant supplies, but it also bound itself to cause the Plaza Theatre, Auckland, to be established immediately after the signing of the agreement as an all-British theatre for the exhibition exclusively of films which were the subject matter of the agreement. “I am satisfied that the contention made by the appellant is untenable. For myself I should feel inclined to hold that there is to be spelled out of this contract an absolute obligation to supply films to the respondent. If, however, that were not correct, certainly I think there is to be spelled out at least an obligation on the appellant to supply to fhe respondent films which the appellant had from time to time in New Zealand available for release. It is admitted that during the last eight weeks of the period the appellant did have in New Zealand films available for release. “Even if I am wrong in thinking that so much has to be spelled out of the contract, T should still come to the conclusion that such an obligation must be implied in order to give it business efficacy. In my opinion the appeal should be dismissed.” Mr Justice Smith and Mr Justice Fair concurred.