COURT DECIDES

Hokitika Guardian, 15 September 1931, Page 6

COURT DECIDES

GOLD MINE OWNERS.

COMPANY'S STATUS DEFINED

WELLINGTON, ,September 10

Old gold-digging days were recalled by an originating summons heard in the Supreme Court by the Chief (Justice (Sir Michael Myers). The question raised was whether upon a true construction of the rules and the bylaws of the association and the particular circumstances of the case the Waihi Crown junction Gold Company, •Ltd., is or is not a member of the New Zealan'd Gold Mine Owners’ Association. His Honor answered the question in favour of the association.

Mr Richmond (Auckland) appeared as counsel for the company, and Mr J. F. B. Stevenson for the association. With the object of mutual protection in connection with industrial matters various gold mining companies lin 1912 formed a ' New Zealand Gold Mine Owners 1 Association, and each paid a levy into a iund. In 1925 thplaintiff company wrote to the association stating that it desired to retire from membership, and the other members of the association agreed to allow the company to withdraw at once, without giving the requisite notice under the rules to comply with all the usual formalities. The plaintiff company from that time onwards paid no levy, hut in 1928 claimed it was still amember of the association and was entitled to share in , the ..associations funds on its winding up. It meant that if the plaintiff company’s contention was correct it was entitled to a sum from the funds of between £ISOO and £2000..

The Chief justice, after hearing the legal argument, decided that the plaintiff company could not, after some years, turn round and set up that 'it was, and is, and always has been member of the association. ’ Ihe agreement was that the company s retirement should take effect as soon as it gave notice, and after that date the association might not still claim upon the company for any levy. The answer of' the court to the question in the originating summons was that the plaintiff company is not still a member of the association. The association was allowed twenty guineas costs.