COURT OF APPEAL.

Dominion, Volume 6, Issue 1732, 24 April 1913, Page 5

COURT OF APPEAL.

FIFTH DAY OF SUGAR. CASK Yesterday was tho fifth day of the Sugar Case in the Court of Appeal, and still tho addresses of counsel for the appellants aro not completed. Mr. Justice Williams is presiding at the appeal, and sitting with him are Mr. Justice Denniston, Mr. Justice Cooper, and 'Mr. Justice Chapman. ,

The appellants are tho Merchants' Association of New Zealand, Incorporated, a trade protection society, Wellington; tho Colonial Sugar Refining Company, Ltd., incorporated ill New South Wales, sugar refiners ami sugar merchants, Auckland; Levin and Co., Ltd., W. '11. BonnatyiiD and Co., Ltd., and Joseph Nathan and Co., Ltd., all merchants of Wellington. The respondent is his Majcsly the Kins. Mr. C. P. Skerrett, IC.C., with Mr. T. Young, is appearing for tho Merchants' Association, and for W. M. B.muatyne and Co., Ltd., and Joseph Nathan, and Co., Ltd. Mr. J. H.- Hosking, K.C., of Dunedin. with Mr. H. P. Richmond, of Auckland, represents the Colonial Sugar Refining Company, Ltd., while Mr. M. Myers is in tho caso as counsel for Levin and Co., Ltd. The Attorney-General (tho Hon. A. L. Hordman) is appearing for the Crown, and ho has with him Sir John Findlay, K.C., aud Mr. 'H. n. Ostler,, of the Crown Law Office.

Mr. Richmond's address concluded at 11.20 a.m. yesterday, but Mr. Myers, whoso address is the Inst on behalf ot appellants, had not concluded .at 4.;i0 p.m., when the Court adjourned | until this morning. THE TROCADEEO LIGHTING. In tho Supreme Court yesterday morning, Mr. Justice Chapman delivered reserved judgment in a caso of interest to landlords. The notion was; originally brought "in the Magistrate's Court, but on. account of tho nature of the questions involved, it was removed into the Supreme Court, where it was argued ill February. The plaintiffs were the Mayor, Councillors, and Citizens of Wellington. The defendants were Hamilton Gilmer, M.L.C., of 18G The Terrace, Wellington; Allen Maguire, settler, of Dufi'erin Street, Wellington; John O'Kane, clerk, of Wellington; Charles Perrin Skerrett, K.C., of Wellington; and Mary Ann M'Ardle, settler, of Wellington.

At the hearing the City Solicitor (Mr. J. O'Shea) appeared for tho City Council, whilo Sir John Findlay, K.C., with him Mr. T.'C. A. Hislop,' appeared for the defendants. , In the statement of claim it was sot out that tho defendants (Hamilton Gilmer and others) lire the owners of property (the Trocadero Private Hotel), in Wellington, on which tho sum of JE3O 13s. lOd. is due for electricity supplied for lighting, heat, and power. Pursuant to the provisions of the Eating Act, 1908, the City Council, on June 1, 1912, made demands for this amount, which, it was alleged, is recoverable as a separate rate. The demands were not complied with, and the . council therefore sought judgment for the sum of ;C3O 13s. lOd.

The facts wero common ground, but the light of the City Council to recover the amount as a separato rate was disputed.

Tho main question that tho Court would have lo decide was: Is a municipal corporation, which owns or controls a gas or electric light' supply, entitled to recover (under tlio Eating Act) from a landlord, as a separate rate, the price of the gas ot electrical energy consumed by his tenant for light, heat, or power, when the tenant has failed' to pay ? His Honour gavo judgment for .-the defendants, with costs on the lowcstecale.