Validity Of Price Tribunal Questioned

Chronicle (Levin), 4 October 1949, Page 6

Validity Of Price Tribunal Questioned

. WELLINGTON, Oct. 3. Tlie Yalidity of th.e Price Tribunal | ' was questioned in the Supreme Court j today when Mr. Justice Hay was asked ; tq deferinine whether a price order had I been made without jurisdiction owing I to the alleged. improper constitution ot : the tribunal. The question was a pre- ! liminary to the - hearing, of the actioh between the tribunal- aiid R E. Jackson and Coy. Ltd. .... i L/'.The Bolicitor-G'ehefalvi' (Mr. H. M I Evans, K.C.), wlth • "him Mr. E. j.. j Haughey, appeared for the tribunal and Mr. A. Iv. North, K.C., and Mr. A. M. I Cousins for the company, who were the plaintiffs in the preliminary action. .-/•The form of question was: "Whether i I^rice Order 1001 mentioned • in the r ainended statement of claim was made A without jurisdiction because''the Price Tribunal was not;. properly constitnted as required by Section:3 of the Controi of Prices Act, 1947, in that at all rele- | yaiit time no associate member had been I appointed. " | Mr. North said the action was reaiiy j ' to quash Price Order 1001, which, he said,' --had set "the deadline date of which wholesale merchants had been obligec to reduce their prices by 25 per eent owing to last year 's reduetion in the exchange rate. It affected all merchants who had been obliged to reduce their prices. j ' The root of the question was whethei the tribunal was • properly constituted. continued Mr. North. There had nevea j been an associate member appointed, and he submitted that under the 1947 Act there had, th^fefore, not been a r proper Price Tribunal. j " The .Minister- f ailed to appreciate the fact thatt he Legislature made th( existence of an asjsociate member neces sary before the tf^bunal was constituted, " continued M>; North. "No sitting of .the tribu-nal could properly bc held without an associate member." Mr. Evans said the tribunal would submit to the direction of the Court. He agreed that the main section of tht 1947 Act quoted by Mr. North was ou the face of it mandatory, but submitted that the whole sc'ope of the Statute. would have to be taken into consider,ation. Mr. Evans said that elsewhere it was provided that there should be a quorum of members at any meeting, irrespective of the number appointed. The quorum number wras two aud when only ; two were present at a meeting of the I tribunal they must concur in any deci- !" sion made. j " There are only two cases in which an associate member may sit, " said M r. Evans. ' ' In the lirst it is if directed by the Minister, and in the second j at the eoneurrence of the president in j the absenee of Ministerial direction." In considering the whole question j relianee must be placed ou the usuai ! interpretation of such legislation, I concluded Mr. Evans. I His Honour reserved his deeision.