INJUNCTION REFUSED.

Star (Christchurch), Volume LXVI, Issue 20541, 16 February 1935, Page 8

INJUNCTION REFUSED.

Case Concerning Banana Deliveries. Mr Justice Johnston gave judgment yesterday in the Supreme Court action in which: Radley Brothers, Ltd., of Christchurch, wholesale fruit and produce merchants (Mr J. H. Upham), proceeded against Reilly’s Central Produce Market, Ltd., Dunedin, wholesale fruit and produce merchants, H. L. Tapley and Company, Ltd., of Dunedin, shipping agent, and Oswald Reilly, of Dunedin, fruit merchant (Mr J. D Hutchison), asking for an injunction, in view o i an arrangement between the parties for the disposal of Samoan and Niue Island bananas, restraining the 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. The case was heard on Monday, evidence being presented by affidavit. In refusing to grant the injunction, without prejudice, his Honor said that the lack of a positive negative agreement, and the fact that perishable goods were involved, made the granting of an injunction a matter for careful scrutiny. He found that the injunction could not be granted and allowed costs. £lO 10s and disbursements, to defandents.