APPEAL COURT
WHALING CASE tUultad Press Association.) WELLINGTON, Oct. to The Court of 4PRP4 h»*j •> to May titivj case of ' Eugenio Oh iries Per i.ah rati others v. Joseph AugavE Poraiio and the Attoruey-Generii, which is mi appeal from a judgment delivered by Mr Justice Ostler on July 2nd. The ’facts of the case are that, appellants and respondent carried on a partnership business as whalers in Tory Channel during the whaling season of 1919-1922, and during the partnership a whaling factory was erected on land leased from one Ed deli lie. and a- license for the same was obtained under the Harbours Act. In 1923 respondent sold his interest in the partnership to appellants, and in 1924 himself stalled a rival business and established a factory on Crown land ini the opposite side of Tory Channel, not more than a- mile from appellant's factory. In 1926 respondent. obtained a license for iiis factory under the Fisheries Act. Appellants also applied for a license under that Act, but th 0 Crown could not grant another license for a- factory situated within 50 miles 'of respondent’s factory, and since respondent’s application was the first in time he was considered to have, the better right. Appellants in the Supremo Court claimed a declaration that respondent’s license was illegally granted, and therefore void, and also that respondent should he ordered to assign to appellants his interest in the license and lease obtained by appellant when he was still in partnership with them. Mr Justice Ostler gave judgment for the respondent on the question of legality of license, and against this judgment appellants now appeal. Counsel for appellant is Mr C. 11. Treadwell, and counsel for respondent Sir John Findlay, K.C., Mr A. C. Fair, K.C., and Mr IT. 11. Mac Nab. The Court did not call on counsel for respondent to address the Court and dismissed the appeal. Costs were allowed respondent on the middle scale as from a distance, and in addition £ls 15s for the Attorney-General,
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Bibliographic details
Nelson Evening Mail, Volume LXI, 14 October 1926, Page 6
Word Count
335APPEAL COURT Nelson Evening Mail, Volume LXI, 14 October 1926, Page 6
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