Portland Electricity Supply Appeal

Northern Advocate, 24 June 1939, Page 10

Portland Electricity Supply Appeal

k. Special to “Northern Advocate ” 3 WELLINGTON, This Day.

The hearing of appeals by the Attorney-General, acting on behalf of the North Auckland Electric Power Board and Wilsons (N.Z.) Portland Cement Ltd. against ,a judgment of Mr Justice Fair in regard to the supply of power from the Portland steam plant was continued yesterday afternoon. Mr North and Mr Astley are appearing for the company and Mr Rogerson and Mr Terry for the Attorney-Gen-eral.

Mr Rogerson submitted that under the Public Works Act and “the terms of the license granted to the company, there was authority to transmit steamgenerated power, and consequently the actions of the company had not been unlawful. If, however, that was wrong, and such transmission was unlawful, the Attorney-General was not entitled to an injunction, because the policy of the court was not to grant an injunction where there was an effective alternative remedy.

In this case, alternative remedies were supplied by the license itself, and by the provisions of the Public Works Act, Moreover, the court had a discretion in granting injunctions, and in this particular case the facts were such that the court's would be exercised in favour of the company. Finally, if an injuction was considered necessary, it should not be absolute in form,' but should enable the company to supply Whangarei or any other place with steam-generated power when'hydro-power was not available through causes beyond the company's control.

The court adjourned until Monday, when the hearing will be resumed.