UNUSUAL CASE

Southland Times, Issue 21855, 4 November 1932, Page 7

UNUSUAL CASE

ACTION UNDER COMMERCIAL TRUSTS ACT. (Per United Press Association.) Palmerston North, November 3. An action under the Commercial Trusts Act was brough in the Supreme Court to-day. Various specific acts that are frequently taken to achieve a combination or monopoly are prohibited by this act under heavy penalties. In the present case a coal dealer named Forno was refused supplies of coal by defendants, except at a price higher than charged other traders, the reason being that he was not a member of the Coal Merchants’ Association which had as one of its objects the control of the retail selling price of coal. Defendants were W. Puklowski, Harry Tuson, Walter Buchanan, Edward George Child, W. James Child, Edward Walter Child, Palmerston North City Coal Merchants Association and Pukemiro Collieries Ltd. The Crown Prosecutor said that if the whole of the coal dealers became members of the association it was quite clear there would be a tendency for them to consider their own interests exclusively and for the public to suffer. Defendants were charged, counsel stated, with refusing to sell coal to Fomo. except under disadvantageous conditions for the reason that he was not a member of the association, the terms being that Fomo was required to pay ten shillings a ton more for his coal than was charged association members. Counsel added that so far as Pukemiro Collieries was concerned, all the Waikato coal companies were associated and Pukemiro were made the defendant because it appeared it also committed the offence by directly refusing to supply. All defendants admitted the offences and agreed to accept the following penalties subject to the Court’s approval which was given Puklowski, £2O, Coal Merchants’ Association £5O, Pukemiro £5O. Costs were allocated as follows: Pukemiro £25 plus half the disbursements, other defendants, £25 plus half the disbursements