TRUSTS ACT CASE.

Dominion, Volume 6, Issue 1568, 11 October 1912, Page 3

TRUSTS ACT CASE.

[Before. Court of Appeal.]

MR, GOLD'S AFFIDAVIT PUT IN

AFTER SOME AP.GUMEXT. I /Ono phase of what is now known as I the "Anti-Trust case" ended in the Court of Appeal yesterday, when argument finished with respect to preliminary proceedings. This is the first prosecution under the Commercial Trusts Act, 1!)10. The bench yesterday was occupied by Mr. Justice Williams, -Mr. Justice Denniston, Mr. Justice Edwards, Mr. Justice Cooper, and Mr. Justice Chapman. • The parties to the action were the Merchants' Association of Xew Zealand, appellants, and II.M. the King, respondent. Mr. C. F. Skerrett, K.C., with Mr. C. H. Treadwell, appeared for the NewZealand Merchants' Association, while tho Solicitor-General (Mr. J. W. . Snlniond), with Sir John Findloy, K.C., appeared for the Crown. Particulars of .the circumstances surrounding the appeal were published m yesterday's issue. When the Court resumed yesterday the Merchants' Association asked leave to file an additional affidavit ■ by Henry Arthur Gold, its secretary. This affidavit set out that true copies of all entries in the association's minute book, relating in any wise (direct or indirect) to transactions in sugar, had. been supplied to the Solicitor-General. All other entries contained in the mtaute book, since the passing of the Commercial Trusts Act, 1910, did not relate to sugar or to transactions with the Colonial Sugar Refining Co., Ltd. It was therefore contended that such other entries did riot relate to any matter in question in this, action.

Opposition to the filing of this affidavit was raised by the Solicitor-General, who, however, did not dispute the discretionary power of the Court. He nevertheless submitted that the Court should regard the matter as one for grave consideration. If the affidavit were admitted he woidd object to particular portions of it. After the Court had considered this matter. Mr. Justice Williams stated that the affidavit would be admitted. The proper time to have filed it would have been at tho commencement of the proceedings, but as the Crown could not then have filed any answering affidavit, the Crown's case could not be prejudiced by the. admission of the affidavit now. The question of costs would be considered later, as also would tho question of the conclusiveness of the affidavit.

Argument on the main issue was then proceeded with, and did not conclude until nearly i p.m., when the Court reserved decision.