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MILK VENDORS

DISPUTE ABOUT BOUNDARIES. A dispute respecting the boundaries of the blocks allotted to the four milk vending companies in the city was heard in the Supreme Court yesterday by His Honour Mr. Justice Chapman. The : Wellington Milk Vendors' Association 1 and Gorrie and Maher sought an order of the Court to set'aside the award of Mr. J. I'. TiUke, Mayor of the city, made on November V>, 1910. Sir John Findlay, '.K.C., with Mr. 0. ■ C. Mazengarb, appeared for (he Wellington Milk Vendors' Association, Ltd.,' auil Gorrie and Mnlier, Mr. T. Neave for the No. 1 Milk Distributing Co., Ltd., and Mr. J. O'Sheo and Mr. W. L. Kothenb:>rg for the Cwy Milk Supply, Ltd. Tho grounds for the application were: (a) That the arbitrator failed to take any evidence on the matters submitted to "him. (b) That he closed the arbitration, and made his award after an arrangement had been made between the parties for an adjournment of tho proeesilings to enable the arbitrator to decide whether. there should be my adjustment of boundaries at all. (c) That ho had no jurisdiction to make tho award he had purported to make, (d) That he mistook, or wilfully disregarded, the limits of his authority under the reference to him. and, further, that the avnrd was invalid in that it was not final, and did not embrace the matters submitted to the arbitrator and purported to decide matters that were not included in the reference. The. hearing of argument was taken during the morning, and after tho luncheon adjournment counsel were granted permission .to confer with one another. After about an hour's consultation, the parties arrived nt tlie following agreement:—"lt is agreed that the differences between parties hereto bo referred to A. Gray, Esq., K.C., as arbitrator, such reference is to Ijo deemed to be an original reference under the license as if the arbitration conducted by tho Mayor /of Wellington had 'not been held. Tho arbitrator to have power to accept as evidence ant document, or tables, or census relating to milk supply in the city of Welli'i"tn]i. The present motion made by thoT Wellington Milk Vendors' Association, Ltd., and Gorrie and Maher is abandoned, arid tho award of tho Mayor is abandoned. Each party to pay Ins own costs in' tho present proceedings.' His Honour said'he was satisfied that His Worship the Mayor conscientiously addressed himself to the question in d~sputc, and that he did his best to make a satisfactory award. The matter, however, called'for-'much more, lime than possibly His Worship was able to devote ■to it.' Continuing, His Honour said: "From iiiv own personal knowledge of Mr Lul«\ tho question of his fairness in his endeavour to adjust the differences i* not jn dispute- Tho eours?. now taken Vit Hip parties to these proceedings, as indicated bv the form of tho igreeniciit, is a perfectly proper one from any point of view."

Permanent link to this item
Hononga pūmau ki tēnei tūemi

https://paperspast.natlib.govt.nz/newspapers/DOM19200327.2.78

Bibliographic details
Ngā taipitopito pukapuka

Dominion, Volume 13, Issue 156, 27 March 1920, Page 8

Word count
Tapeke kupu
487

MILK VENDORS Dominion, Volume 13, Issue 156, 27 March 1920, Page 8

MILK VENDORS Dominion, Volume 13, Issue 156, 27 March 1920, Page 8

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