FLOURMILLING CASE.

Timaru Herald, Volume XCVIII, 20 July 1925, Page 4

FLOURMILLING CASE.

FULL APPEAL COURT TO HEAR

MOTION.

For the first time for a number of years both divisions of the Court of Appeal aro to sit together in Wellington to-day to hear an appeal against a ruling of the Supremo Court. This will mean tbpt all tho available judges in New Zealand will be on tho Bench.

The appeal is against a decision of Mr Justice Sim in the case against Distributors, Limited, and four flourmilling companies, beard in Dunedin last October and November.

'Die Crown claimed a penalty of £SOO from each of the five concerns for alleged breaches of the Commercial Trusts Act. The Crown also sought injunctions to prevent Distributors, Limited, ,as solo selling agent for their products. Judgment was delivered in Dunedin by Mr Justice Sim on December 16, when bo declared that the Crown had failed to establish its case, based on a contention that the monopoly complained of was contrary to the public interest. Under the Judicature Act of 1913 the Court of Appeal is divided into tiro divisions, each of which may sit and exercise its jurisdiction separately. However, it is provided that on the certificate of the Chief. Justice and one other judge on _ any application or other proceeding is of special difficulty or importance, all the judges of both divisions may sit together. In this ca.so the Attorney-General has lodged ■in appeal against tho decision of Mr Justice Sim, and on his application the Chief Justice and Mr Justice Rccd have certified that tho motion is of special importance, thus calling for the joint attention of both divisions. The only judges who wi'l not bo present at the hearing on Monday will bo Mr Justice Adams, who is indisposed, and Air Justice Stringer, who is absent from the Dominion.