SALE OF MILK SHAKES

New Zealand Herald, Volume LXXIV, Issue 22775, 8 July 1937, Page 12

SALE OF MILK SHAKES

WELLINGTON APPEAL CASE DEFINITION IN SUPPLY ACT [by TELEGRAPH —PRESS ASSOCIATION] WELLINGTON, Wednesday The Chief Justice, Sir Michael Myers, after hearing argument on whether selling milk shakes came under the sale of milk, as defined in the Wellington City Milk Supply Act, 1919, said that ho had no doubt about his decision, but would put it in writing. The case was an appeal by Tillins, Limited, against a magistrate's decision, in favour of the. Wellington City Corporation, that milk shakes consisted substantially of milk, and their sale came under the definition in the Act.

Counsel for appellant cited cocoa, coil'ce, ice cream, butter and other commodities as bearing a close relationship to milk. He contended that tho drink appellant sold was not milk within the meaning of the Act, but a confection or composition in which a process was involved, lie cited a case in which it had_ been hold that the sale of raw meat, with stuffing, was not the sale of butcher's meat. The Chief Justice asked counsel for the corporation whether lie would still say that a milk shake was milk if it was called by a name not including tho word milk.