Court of Appeal.

Southland Times, Issue 12123, 1 May 1908, Page 4

Court of Appeal.

nxißmov BISCUITS. Pu UnUtd Pr«w XnocUtloa, WELLINGTON, April 30. The Appeal Court was occupied to-day bearing: the case of Scott v. The King. The action arose over Christchurch Exhibition, the Commissioners of which, for a consideration, had granted Scott certain space for the exhibition of biscuits and confectionery. Plaintiff claimed that the right was sole and exclusive, and that subsequently the Commissioners had granted similar rights to others. Plaintiff further alleged that the Commissioners had wrongfully entered Into possession of the space granted. and had wrongfully taken possession of his confectionery. Plaintiff had claimed £3OOO damages, and In the lower court the jury had awarded £ISOO. The chief nonsuit reserved for decision on behalf of the Crown was that no grant or license had been disclosed on the face of the documents to Scott, and that the Commissioners had no authority to grant exclusive rights to any one to sell the articles mentioned (biscuits and confectionery) under the by-laws. Mr Skerrott contended that the regulation made under the Exhibition Act and published in the Gazette of 1906, which provided that no contracts should bo binding unless made under seal, wore ultra vires, no authority to make such regulations having been given by the Act Further the action of the Commissioners brought the case within the Crown Suits Act. Mr Harper, for the defendant, contended that the Commissioners having contracted (If they had contracted) in their own names, should have been sued personally, and no action would lie against the Crown. Moreover damages were partly given for a tort committed by Mr Munro, and the Crown was not liable for torts committed by him. At the hearing in the Court below, he contended, the evidence showed that Munro was acting on his own responsibility, and the Crown could not be held responsible for such Acts.