Supplier's Claim Against Dairy Company

Chronicle (Levin), 16 June 1949, Page 5

Supplier's Claim Against Dairy Company

Press Association)

(Per

NEW PLYMOUTH, June 15. Judgment against the Eltham Co-operativ-e Dairy Company Ltd. for £346 7s 7d in favour of a shareholder and supplier, Mrs. Lucy Jane O 'Neill, of Pukengaliau, was delivered at New ■ Plymouth today as a reserved decision f Mr. Justice Hay. [ The h earing was on a claim for £733 | 9s 4d alleged to be the balance of money phyable for milk Biippli'ed to the defendant companv for the dairy sea-, sons 1942-3 to 194*6-7 inclusive. The allegation dominant in the proceedings was the inefficieney of the meehanical drip sampler used to obtain milk samples at the company 's Waihapa branCh factory. The prineiples iuvolved in the action are considered to be of major importance to the dairy industry throughout New Zealand. His Honour ■ held* tliat "irivestigatio'nS' made by the dairy division of the Department of Agriculture showed that the drip sampler, as used by the company wifhout prior agitation of a supplier 's milk, failed to record a truly representativo sample * of milk. The evidence was overwhelming that plaintiff supplied the company with butterfat for which she had never been paid. In assessing the amount to be awarcled, his Honour pointed out that the claim rested on a time lag as the sole cause of failure of the drip sampler, io take a truly representative sample j and plaintiffi could not claim redress for the period when she had not shown that the time lag operated. He therefore rejected clairas for the seasons before the 1945-6 season.