APPEAL SUSTAINED

Otago Witness, Issue 3803, 1 February 1927, Page 23

APPEAL SUSTAINED

FLOUR MONOPOLY CASE.. VERDICT OF PRIVY COUNCIL. LONDON, January 27. Privy Council allowed, with costs, the New Zealand appeal the Crown Milling Company and others versus the King. The action taken by the Crown against Distributors (Ltd.) and a number of flourmilling companies was commenced in Dunedin on October 28, 1924. and lasted for 10 days, establishing a record among the civil cases heard in 'this* city. The case for the Crown was conducted by Messrs F. B. Adams and J B. Callan; Distributors, Ltd., were represented by Mr; M. Myers, K.C., with him Mr A. N. Haggitt; the Crown Milling Company and the Atlas! Roller Mills (Messrs Evans and Co.) by. Mr S. Solomon, K.C., with him Mr Campbell ; Wood Brothers, Ltd., and Messrs Fleming and Co. by Mr C. P. Skerrett, K.C., with him Mr J. A. Sim. From Distributors (Ltd.), and from eacfu of the other defendants th© Crown claimed a penalty of £5OO for an alleged breach of the Commercial Trusts Act, the allegation being that defendants had conspired together to monopolise wholly or partly the supply of flour, bran, and pollard in New Zealand. The Crowy also asked for an injunction restraining Distributors (Ltd.) from acting for the other firms, and for an. injunction restraining the others in acting in conjunction with Distributors (Ltd.). The case was heard by his Honor Mr Justice Sim. Seven days were occupied in hearing the evidence of 30 witnesses for the Crown and 17 witnesses for the defendants. and during the last three days counsel addressed the court. Mr Justice Sim gave his judgment early in December, his decision being that the Crown had tailed to prove that the monopoly complained of was contrary to’ the public interests. He gave judgment for the defendants, with costs. The case was taken to the Court of Appeal, which reversed the decision of his Honor Mr Justice Sim, and decided in favour of the Crown. Distributors (Ltd.), then referred the case to the Privy Council, Mr M. Mvers, K.C., going to England on. its behalf.