HEAVY DAMAGES

Taranaki Daily News, 23 March 1935, Page 7

HEAVY DAMAGES

WHISKY SALES NOT PUSHED. CLAIM AGAINST SYDNEY FIRM. By Telegraph—Press Assn.—Copyright Rec. 7.55 p.m. Sydney, March 22. Damages amounted to 7444 pounds sterling, equivalent to £9305 in Australian currency, were granted by Mr. Justice Haise Rogers in the Commercial Causes Court to-day to B. Davis Limited, wine and spirit merchants, London, on the firm’s claim for £250,000 against Tooth and Company Limited, Sydney. By consent a stay erf proceedings for 14 days was granted pending an appeal. Judgment in favour of Davis Ltd. was given by His Honour a fortnight ago and the assessment of damages was postponed till argument had been heard. The claim was for damages for breach of a contract under which the defendant company accepted an agency from the plaintiff company to sell Watson’s whiskies in New South Wales. The judge held that the defendant company failed to make advocacy of the sale of Watson’s whiskies the feature of its business in Scotch whisky. It followed the easy course of accepting orders rather than of "pushing” sales. The judge found the defendant company guilty of negligence in bottling Watson’s whisky, in the course of. which liners composed mainly of lead instead of pure tin had been used in the stoppers. Discolouration of some of the whisky had resulted and this had been a setback to the reputation of the whisky. It is understood that costs in the case exceed £20,009.