MILK SHAKE DISPUTE

Poverty Bay Herald, Volume LXIV, Issue 19371, 8 July 1937, Page 5

MILK SHAKE DISPUTE

APPEAL COURT ARGUMENT DECISION RESERVED (Per Pres* Association.) WELLINGTON, this day. The Chief Justice, Sir Michae) Myers, after hearing an argument on whether the selling of milk shakes came under the sale of milk as defined in the Wellington City Milk Supply Act, 1919, said he had im doubt about his decision, but he would commit it to writing.

The case was an appeal by Tiffens Limited against a magistrate’s decision in favour of the Wellington City Corporation that milk shakes consisted substantially of milk and the sale came under the definition of the Act, Counsel for the appellant cited cocoa, coffee, ice cream,_ butter and other commodities bearing a close relationship to milk. He contended that the drink which the appellant sold was not milk within the meaning of the Act, but a confection or composition in which a process was involved. He cited a case in which it had been held 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 he would Still say that a milk shake was milk if it were called by a name not in eluding the word milk. “From his judgment I think that the magistrate was misiedbythefa that the word forms part of the name of the article,” said the Chief Jus tice. ..