FLOURMILLING CASE

Manawatu Standard, Volume XLV, Issue 192, 18 July 1925, Page 5

FLOURMILLING CASE

FULL APPEAL COURT TO HEAR MOTION. (Per Press Association.) AUCKLAND, July 16. For the first time for a number of years both divisions of the Court of Appeal are to sit together in Wellington next Monday to hear an appeal against, a ruling of the Supreme Court. This will mean that all the available judges in New Zealand will be on tile Bench

The appeal is against a decision of Mr Justice Sim in the ease against Distributors, Limited, and four flour-milling companies, beard in Dunedin last October and November.

The Crown claimed a penalty of £SOO from each of the five concerns for alleged breaches of the Commercial Trusts Act. The Crown also sought injunctions to prevent Distributors. Limited from acting as the sole selling agent of the other defendants in flour, bran and pollard, and to prevent the hour-milling companies from employing Distributors, Limited, as sole selling agent for their products. Judgment: was delivered in Dunedin by Mr Justice Sim on December 16. when he declared that the Crown lmd failed to establish its case, based on a contention that the monopoly complained of was contrary to the public interest. Under the Judicature Act, 1913, the Court of Appeal is divided into two divisions, each of which may sit and exercise its jurisdiction separately. However, it is provided that on the certificate of the Chief Justice and one other judge. Ilw.l any application or other proceeding is of special difficulty or importance, all the judges of both divisions may sit together. Tn this case the Attorney-General has lodged all appeal against the decision of Mr Justice Sim, and on his application the Chief .Justice and Mr Justice Reed have certified that the motion is of special importance, thus calling for the joint attention of both divisions. The only judges who will not l>e present a.t the hearing on Monday will be Mr Justice Adams, who is indisposed, and Mr Justice Stringer, who is absent from the Dominion.