COAL VEND CASE.

Dominion, Volume 5, Issue 1551, 21 September 1912, Page 5

COAL VEND CASE.

JUDGMENT UPSET. SHIPPING COMPANIES WIN ON APPEAL. UNANIMOUS DECISION. By Telegra,pli-Prc33 Association-Copyright (Eee. September 20, 9.30 p.m.) Sydney, September 20. The High Court has upheld tho shipping companies' appeal against tho fines imposed on them in tho Coal Vend case, thus upsetting tho conviction by Mr. Jtisi tico Isaacs. There were altogether sixteen grounds of appeal. The chief was that upon the wholo of the evidence tlio apppllnnts were entitled to judgment on all matters alleged against them; that the judgment of J[r. Justice Isaacs was erroneous both as Tegards its conclusions of fact and law applicable to those facie; and that evidence was wrongly admitted. The Chief Justice, Sir Samuel Griffiths, concluded a lengthy judgment by stating that the Court was bound to decide the case on tho evidence and upon that evidence the members of the Bench were of opinion that the Crown had failed to i prove intent on tho part of the appellants to cause detriment to the public. The Court was also of opinion that the Crown had failed to prove any actual detriment to the public. Tho Court's decision was unanimous and judgment was entered for the appellants with the original costs and with costs on appeal.

There were in all 40 defendants in tho Coal Vend case, the number comprising both colliery and shipping companies. The penalties imposed aggregate .£19,500, and tho law costs, which the defendants were ordered to pay, were estimated at over ,£30,000. Thus tho total Mil to be discharged ran to .£50,000 and over. The companies were charged with having formed a trust in contravention to tho law. In Mr. Justice Isaac's opinion tho full amount of the penalty was not too much for thb least of the offences proved, and, accordingly, he imposed f. fine of J3O on each and every defendant proceeded against, except the defendant culled the Associated Northern Collieries. Ho excopted this • defendant because, though in a sense it was a separate organisation and had appeared ns (Such, yet in effect all its members were fined to the statutory limit, and it would be unfair, and a. virtual excess of Parliament's intentions, to fine them again indirectly through the association,