NOT A FACTORY

Nelson Evening Mail, Volume LXXI, 11 September 1937, Page 15

NOT A FACTORY

rOULTRY AND EGG MARKET SUPREME COURT JUDGMENT [By Telegraph—Press Association! Christchurch, 10th September. The poultry and egg market, the holding of poultry auction sales, and the testing and grading of eggs is not a factory. This is the import of a judgment given by Mr Justice Northcroft in the Supreme Court this morning on an appeal by William Herbert West, who conducts such a market, against a conviction entered against him in the Magistrate’s Court for failing to register his premises as a factory. His Honour upheld the appeal and quashed the conviction. ‘‘Three girls were employed in appellant’s premises,” said his Honour in giving judgment, “in the process of testing eggs, after which they graded the eggs according to their weight. Eighty per cent, of the eggs were, received at the market already graded. The object was to be able to sell a guaranteed tested egg. No charge was made for testing, appellant’s remuneration being as a commission for selling eggs. No steam or mechanical power was employed in the testing. A factory was defined as any place in which two or more persons were employed in preparing or manufacturing goods for trade or sale.”

“In my opinion.” said his Honour, “the process used by appellant does not involve preparing goods for trade or sale. Those words suggest the treatment of goods which is calculated to make them more attractive for trade or sale. Appellant does no more than unpack, sort, and repack.”