SUPREME COURT

Dominion, Volume 12, Issue 41, 12 November 1918, Page 9

SUPREME COURT

RESERVED DECISIONS

ABATTOIRS CHARGES

His Honour the Chief Justice (Sir Robert Stout) delivered judgment in the case of J. Kud and Co. against the Wellington City Corporation. l'lnintiffs, on whoso behalf Mr. T. Young appeared, claimed the recovery of -C 277 4s. Id., the amount of their share of overcharges, Alleged to have been made by the council for abattoir services between IUI3 and 1917. The corporation, in defence, pleaded that the council was willing to refund moneys now actually in hand, out a large •portion had been expended on additions nnd extensions at the abattoirs. This work was done at tho request of tho Butchers' Association. So much money as represented a sinking fund had been hinded over to the sinking fund commissioners, and thcreforo could not bo distributed. A similar claim had been made by the Wellington Meat Export Company for J2075.

His Honour found that the corporation's defence was invalid, and ho would find for plaintiffs accordingly. He would adjourn the case further, to allow the parties to fix the amount. Unless they could do so, he would fix the amount. Mr. J. O'Shea appeared for tho council. TIMBER CASE. A point of law was brought up for decision in connection with the case of tho Pareora Snivmill Company, Ltd., against Repeka Te Peehi and liawiri Parangi, both of Raetihi. A decision was asked for pending the institution of -further proceedings in the matter. His Honour was asked to decide whether moneys in respect of the grant of timber rights were payable to tho lessor, or after the lease we're reserved to the lessee.

His Honour decided that the moneys were reserved to the lessor.