PETROL BREACHES

New Zealand Herald, Volume 80, Issue 24543, 27 March 1943, Page 8

PETROL BREACHES

TBAVELLER CHARGED USED FRIEND'S CAR Eight charges of breaches of the Oil Fuel Regulations were denied by Donald Rice, a commercial traveller (Mr. Sullivan), before Mr. J. H. Luxford, S.M., yesterday. Four charges of purchasing motor-spirit totalling 43 gallons other than in accordance with the terms of a consumer's licence issued to him, and four charges of making misleading statements, with intent to deceive, regarding his address and the ownership of a motor-car in applications to the Oil Fuel Controller, were preferred against defendant. Sub-Inspector Macnamara said that defendant had represented himself as a commercial traveller, living at Te Awamutu, whereas lie lived at Newmarket. The motor-car he alleged to be the property of his firm when applying for a petrol licence really belonged to another man. An arrangement had been made whereby defendant could use this man's car for his business. Entries on the defendant's oil fuel licence did not tally with those on stock sheets of garages where petrol had been obtained and it appeared that the figures on defendant's licence had been altered. Statemont to Police In a statement to the police defendant said that his own car was wrecked in an accident last July and he arranged with a man named Thomson, who was an old friend, to use his car. Thomson also hnd use of the car and defendant had left Ins oil fuel licence in the car. Ho had used the car only for business and had not altered figures on the licence. He gave his_ Te Awamutu address as it was his original address when he first obtained an oil fuel licence over three years ago. He thought it would be better to have the same address right through in his applications. Mr. Sullivan, who claimed that the Crown had not proved its case, said that defendant had been a commercial traveller for 23 years. His statement to the police was his defence. He may have been negligent in leaving his licence in the car. He had an unblemished record. Fined on Four Charges The charges regarding misleading statements were merely technical and might be described as venial, said the magistrate. The other matters regarding the obtaining of petrol were either deliberate, came out of carelessness, or from the relationship between defendant and Thomson. The extra gallonage was obtained and defendant was liable. On each of the first two charges of purchasing petrol other than in accordance with the terms of his licence, defendant was fined £lO. On each of the third and fourth charges he was fined £5 and he was convicted and discharged on the charges of making misleading statements. One Case Dismissed Arthur Grange (Mr. Meek) was also charged with a breach of the regulations. Mr. Macnamara said that Grange had been associated with Rice and had obtained petrol with Rice's licence. Mr. Meek said that Rice had borrowed Grange's car for a time when his own car had been wrecked. Rice had used four or five gallons of Grange's petrol and had driven Grange to a petrol station where he handed him his licence in order to make up for what he had used. A line of £5 was imposed. A breach of the Oil Fuel Regulations was denied by Stanley Thomson (Mr. Henry). It was stated that he had used Rice's licence to purchase 10 gallons of petrol. No evidence was given as to how the petrol was used and the charge was dismissed. PROSECUTION OF FARMER ' PENALTY OF £25 IMPOSED (0.C.) HAMILTON, Friday A plea of guilty was entered by Nedilko Mate Devcich, farmer, before Mr. S. L. Paterson, S.M*., at Hamilton today, to a charge of using 39 gallons of petrol otherwise than for the purpose for which it was obtained. Detective J. Hayes said that defendant obtained a licence for fuel for a tractor which had been out of repair since November. The fuel had been used for a truck and probably for cars. Defendant was fined £25.

NO FRAUD SHOWN SOLDIER'S CLAIM FAILS The claim of a Whangarei soldier, William Henry Whinray (Mr. A. K. Turner), for £2OO damages against the Public Trustee (Mr. Webb), has been rejected in a reserved judgment issued by Mr. Justice Callan. Whinray alleged breach of warranty and failure to disclose against the Public Trustee over the sale of a two-acre property at Onerahi to Whinray. His Honor said that Mr. Bryne, the senior estates clerk in the Public Trust Oflice at Whangarei, had made no suppression. He committed no personal fraud, and it was not shown that any servant of the Public Trustee at any stage acted fraudulently. There was nothing in the evidence to suggest that any servant of the Public Trustee knew of the misrepresentation into which Mr. Bryne stumbled innocently, maybe carelessly, and certainly very unfortunately. " Although 1 think the plaintiff must fail because lie does not establish a warranty, and cannot have damages for fraud because he docs not show that any human being has acted fraudulently, L admit that 1 cannot avoid having some sympathy for him," said His Honor. "I have explored any avenue that occurred to me by which it might be possible to arrive at the conclusion that, on the facts as found, he can have some redress." Judgment was given for defendant, with costs. FARMERS' UNION BRANCH (0.C.) WHANGAREI, Friday The belief that individual members should have a vote in the election of the Dominion and the Auckland provincial executives of the Farmers' Union was expressed in a motion passed by the annual meeting of the Whangarei branch of the union to-day. "When we have the full support of the farmers it will be time for the Farmers' Union to consider going into politics. At the present time we represent only about 30 per cent of the farmers," said the newly-elected president, Air. F. Simmonds.