THE TIMBRELL CUP.

Press, Volume LIV, Issue 16259, 9 July 1918, Page 8

THE TIMBRELL CUP.

COMMITTEE'S DECISION UPSET.

Mr T. A. B. Bailey, S.M., yesterday dehvoied his reseiVwu award in tnocuoe Lu.b 'iiuiOiOil oup, wnicn

was recently before iiwi for arbitration

! lue case was one in \viiicli onaries ' iioggair (Air i'\ li. Hunt) claimed fioin I tji« Canterbury Society (ivlr ilarper) tue return of the prizts ! known as tao Timbrmi Cup, wmcii piaiut.ff claimed to have won at a recent snow of tue Society. The cup was presented as a cup, and if won twee in succession, or Uuee times ■} at intervals, by tiie same person, it ba- ! camte his property. Hoggan won it ! last year, ana the judge awarded it to ' nim this year, ana l nad the judge's i award gone unchallenged, the cup would have become Hoggan's property. Ahe award was for the carnation class, and aiter the award to Hoggan, an- ; other exhibitor, Landery, protested on the grounds that Hoggan had not complied with tiio conditions of the schedule and the original award wa6 ! set aside, and the Cup awarded to i Landery. ; j Wlien the case was submitted to Mr Bailey for arbitration, Hoggan contended that ho had complied with the , conditions of the schedule, holding that thr condition referred to by Landery | was not obligatory, but optional. ! In giving his award, Mr Bailey expressed the opinion that if there were a doubt as to the interpretation of eon- ; Jitiors whinh arose from the ambiguity lof ttia wording, they should be inter- ■■ preted rather against the framer than against a person who put another equally reasonable interpretation upon Ihum, as the framer had only himself to blame f"r the ambiguity. Further, after considering the whole facts, he considered tfi.it the ultimate derision of the committee should be set aside on account of the ii regular manner of dealing with the protest. Neither the judge "nor Hcggan had been given any notice of protest, nor was the protester asked to substantiate the protest, which tvas of the very vaguest character, as it was. "on thb grounds of not being accoidinz to schedule." Tn effect, his Worship considered that the committee bad been wrong in *ettiup aside the judge's award, and he mled that Hoggan was entitled to the Cup, or £3 3s, its value, and the sum of £2 damages, with costs.