Case Against Dairy Company Arouses Interest

Chronicle (Levin), 3 May 1949, Page 7

Case Against Dairy Company Arouses Interest

Press Assania.t.inn )

(Pe.r

NEW PLYMOUTH, May 2. The interest of the dairy industry in a claim for £733 9s 4d which is being brought against the Eltham Co-opera-tive bairy Factory Company by Luey Jane O 'Neill, owner of a farm at Pukengahu, was revealed by a crowded public gallery when the hearing eommenced before Mr. Justice Hay in the Supreme' Court, New Plymouth, this morning. The case is • based on the effieieney or otherwise of a mechanical sampling device known as the drip sampier, which the company used in its ten factories until 1946. It is alieged by plaintiff that the device did not take a truly representative sample of the quantity of butterfat in the milk supplied by her over a number of years. During the hearing it was stated that similar devices were still being used in many Taranaki factories. Most Waikato factories were said to be using apparatus based on the same principle. The amount of the claim is based on an average loss of .5 per cent in tho' tests of butterfat supplied by her. The case is unusual in that it is stated to be the first time the Court has been asked to eonsider 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. 0 'Neill 's claim was found to be sound, the interests of a large number of suppliers to the company would be affeeted. Mr. N. H. Moss who, with Mr. P. Grey, is appearing for Mrs. O 'Neill, said he did not think so because oniy about three other . suppliers had the necessary proof. ' ' I think my learned f riend is understating the position, " remarked Mr. W. J. Sim, K.C., who is representing tne dairy company with Mr. J. Hesseil. "A principle arises in this case that affects the industry throughout New Zealand. I am not overstating the position when I say that there is intense interest throughout the Dominion an\l that should plaintiff succeed, there are likely to be farreaching effects. " Defendant claims that the samples were at all times truly representative and that the eorreet amount of butterfat was computed. The defence denies short crediting, stating that the correct money was paid. The hearing is expected to last four davs. Much of the evidence wil] be highly technical discussions of methods of taking milk samples and testing I them.