THE SUGAR TRUST CASE.

Manawatu Times, Volume LXXVIII, Issue 12785, 7 May 1914, Page 6

THE SUGAR TRUST CASE.

APPEAL COURT'S JUDGMENT,

Press Association.—By Telegrapn. WELLINGTON, May 4.

The Court of Appeal delivered reserved judgment in the case of Fairbairn, Wright and Co. v. Levin and Co., Ltd., this morning. The claim was for £8453 damages for loss of profits on and sales of sugar caused by the alleged wrongful acts of the defendant company. The acts relied upon were refusals to sell sugar to

plaintiffs on the same terms as to discount as the company sold to other merchants. It had been told in the Sugar Trust case that the acts amounted to breaches of the Commercial Trusts Act 1910, and the plain tiffs relied upon the fact that these refusals to deal were by the said Act rendered unlawful. The two questions determined by the Court were (i) Whether there was an action at common law, and (2) whether the statute created any private in plaintiffs for breach of which they could sue. The Court unanimously held that there was right of action at common law, the defendant company having conspired with the Colonial Sugar Co. to injure the plaintiffs in their trade by unlawful means. As to the. second point Judges Edwards and Sim held that the statute did not create

any private rights for a breach of which a right of action lay. The Chief Justice (Sir Robert Stout) dissented on this question, holding that section 4 of the statute had created private rights. The result is that the Court holds that the statement of claim disclosed a cause of action at common law. On the application of Mr 11. 1). Bell, K.C., conditional leave was granted to appeal to.the Privy Council.