AUCKLAND ABATTOIR FEES.

New Zealand Herald, Volume LXI, Issue 18663, 20 March 1924, Page 9

AUCKLAND ABATTOIR FEES.

CLAIM AGAINST sHELLABY'S. APPEAL COURT ARGUMENT. [by telegraph.—press association.] WELLINGTON. Wednesday. The Court of Appeal was engaged today hearing argument in the case of the Auckland City Council versus Hellaby and Company. This is an appeal from the judgment of Mr. Justice Herdman, given on October 10 last, -at Auckland, in favour of the present respondents (plaintiffs in the Court below), carrying on business, at Auckland, as butchers, and who are holders of a meat export slaughterhouse license. In the . action in the Lower Court, a refund, of two sums of money totalling approximately £12,000 sterling was claimed and allowed on the ground that the City Council, in making up accounts in connection with the city abattoir, had made certain unlawful debits, e.g., charges in respect of sinking fund and depreciation against Hellaby and Company, and had also, without statutory authority, and in breach of section 27 of the Slaughtering and Inspection Act, 1908, charged Hellaby and Company with sums in excess of amounts properly payable by them. From the judgment of the Court below, ordering a refund of these amounts, the present appeal is brought. Mr. Myers, K.C., and Mr. Johnstone appeared for appellants, and Mr. Skerrctt, K.C., and Mr. Towle for respondents. The argument turned chiefly on the interpretation of ' section .27 of the Slaughtering and Inspection Act, 1908, and section 3 of the amending Act of 1910; also as to whether the : proceedings j of the plantiffs m the Lower Court I (the respondents on appeal) were com-J Setent, inasmuch as an appeal to the [inister for. Agriculture to reduce the fees paid to the authority controlling a municipal abattoir could be made, and. if just and equitable, allowed under section 27 if these fees were excessive and brought in more than sufficient to defray the actual cost of working the abattoir, exclusive of 5 per cent, on the capital cost.

The Court reserved its decision.