Validity Contested In Supreme Court
COMPANY MAKING CLAIM Per Press Association. AUCKLAND, Last Night. An action in the {Supreme Court challenging the validity of the Import Control Regulations, 1938, was commenced before Mr. Justice Callan. The jjlaintiff, F. E. Jackson, and Company, Limited, of Auckland, set forth that in February last they imported from Sydney 24 dozen tin plate kerosene pumps, complied with all the provisions of the Customs Act, paid duty and demanded delivery of the package, which delivery was refused on the ground that the importation of the said tinware was prohibited unless covered by a license from the Minister of Customs. Plaintiff claimed that the regulation of prohibition was invalid and that the Collector of Customs had wrongfully detained the package. They claimed delivery or cost of goods plus £IOO damages for the detention. Mr. A. H. Johnstone, ICC., with Mr. Munro, argued the case for plaintiff and the Solicitor-General, Mr. H. 11. Cornish, with Mr. V. R. Meredith, appeared for defendant, the Collector of Customs, Auckland.
Mr. Johnstone said the facts were simple. Plaintiff company imported goods as stated from Sydney and requested delivery of them but was told the goods would not be delivered unless plaintiff produced a license under the Import Control Regulations, 1938, authorising him to do so. Those regulations were made on December 5, 1938, and came into force two days later. Plaintiff submitted that these regulations were without validity of law, were ultra vires and void and persisted in his demaud for the delivery of the goods. The question for determination appeared to be whether the Import Control Regulations, 1938, were valid regulations or not. Legal argument occupied the whole day, the hearing being unfinished.
three Auckland factories on Monday. He was accompanied by members of his Party and representatives of the Auckland Manufacturers' Association. Mr. Savage received enthusiastic receptions everywhere. -
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https://paperspast.natlib.govt.nz/newspapers/MT19390426.2.67
Bibliographic details
Manawatu Times, Volume 64, Issue 96, 26 April 1939, Page 6
Word Count
310Validity Contested In Supreme Court Manawatu Times, Volume 64, Issue 96, 26 April 1939, Page 6
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