SUPPLIER CHALLENGES FACTORY SAMPLER

Wanganui Chronicle, 3 May 1949, Page 5

SUPPLIER CHALLENGES FACTORY SAMPLER

CASE OF INTEREST TO N.Z. DAIRY INDUSTRY i NEW PLYMOUTH, Last Night ■ (PA)‘.—Alleging that the mechanical ! sampler used in the Waihapa factory 'of Eltham Cooperative Dairy ComI pany did not take “a truly representai live sample” of milk supplied front her farm, Lucy Jane O’Neill, dairy farmer, Pukengahu, sought £733 9s 4d damages from the company in an action begun in the Supreme Court at New Plymouth today before Mr. Justice Hay. The amount is based on the average loss of .5 per cent, in tests of butterfat supplied by her as a shareholder over a period of about six years. The case is of high importance to the dairy industry in general, and is unusual in that it is stated to be the first time the Court has been asked to consider the rights and duties of a supplier and of his company in relation to the supply of milk. Its importance to the dairy industry as a whole was brought out when His Honour said he supposed that if Mrs. O'Neill’s claim was found to be sound I the interests of a large number of | suppliers to the company would be I affected. I Mr. N. H. Moss, who, with Mr. P. I Grey, is appearing for Mrs. O’Neill, 1 said lie did not think so, because only I aoout three ot her suppliers had the necessary proof. I “I think my learned friend is understating the position,” remarked Mr. IW. J. Sim, K.C., who is representing 'tire dairy company with Mr. J. Hessell. “A principle arises in this case tnat affects the industry throughout I New Zealand. I am not overstating the position when I say that there is intense interest throughout the Do- ' ininion and that should the plaintiff succeed there are likely to be far- : reaching effects. i The defendant claims that the samples were at all t lines truly repreIsentative and that the correct amount of butterfat was computed by the regulations. The defence denies short crediting, stating that the correct money was paid. I Among a number of articles of dairy factory equipment, exhibited in court ■was a mechanical or “drip” sampler used by the company In its ten facitories since 1935. but replaced on DeI comber 10, 1946. It is the efficacy of this that is being questioned. The hearing is expected to last four days. Much of the evidence will be highly technical discussions of the methods of taking milk samples and testing them.