INJUNCTION REFUSED

Southland Times, Issue 22508, 16 February 1935, Page 4

INJUNCTION REFUSED

SALE OF BANANAS. (Per United Press Association.) Christchurch, February 15. Reserved judgment for defendants was given in the Supreme Court to-day in the case in which Radley Bros., Ltd., of Christchurch, proceeded against Reilly’s Central Produce Market, Ltd., Dunedin, wholesale fruit and produce merchants, H. L. Tapley and Co., Ltd., Dunedin, shipping agent, and Oswald Reilly, of Dunedin, fruit merchant, asking for an injunction, in view of an arrangement between the parties for the disposal of Samoan and Niue Island bananas, restraining defendants from selling in the Christchurch district more than 100 cases of Niue Island bananas from any one shipment of the Maui Pomare from Niue during 1935. Mr Justice Johnston, in refusing the injunction, said the case was clearly not one in which an injunction should be granted. His judgment would be without prejudice to the parties in any other action. His Honour said he regretted the parties had not availed themselves of the opportunity given of effecting a settlement. Defendants were allowed £lO 10/- costs and disbursements.