ABATTOIRS CASE

New Zealand Times, Volume XLIV, Issue 10274, 8 May 1919, Page 7

ABATTOIRS CASE

CITY COUNCIL APPEALS BUTCHERS' CLAIM FOR REFUND OF MONEYS. In the Appeal Court yesterday an appeal was heard against the decision of the Chief Justice in the case of the City Corporation v. J. Bod and 00., butchers. The Bench was occupied by Their Honours Mr Justice chapman, Mr Justice Sim, and Mr Justice Hosking. Mr J. O'Shea appeared for the corporation, and Mr T. Young for the respondent. th When the case was heard in_ the lower court, Rod and Co. «iternrlor to 1912 they had a slaugnternouse of their own, tat. were compolled to cease slaughtering and to bring their stock to the Wellington City abattoirs and J* iaTo it slaughtered there under the terms of the law and of the Wellington City by-law. Roa and Co. had their stock slaughtered, and for its services the council was paid amounts in excess of the sums payable by Rod and Co. The latter, therefore, claimed refunds totalling £277 4s Id. It was contended for the corporation that Rod and Co. were not compelled to have their stock slaughtered at the abattoir, but as long as the abattoir existed Rod and Co. could not sell m the city of Wellington any meat from animals that had not been slaughtered at the registered abattoir or a meat export slaughterhouse. As Rod and Co. desired to Have animals slaughtered at the city abattoir, they had them slaughtered by the corporations contractors, and must pay the prescribed charges. As a second and affirmative defence, the corporation submitted that Rod and Co. were prevented and barred by the provisions of the lttmitations Act, 1623, section 8, from making any claim of any refund to which they had been entitled in respect ot any matters arising on or before June 6th, 1912. It was further stated that the corporation had in each year from 1911 published annual accounts which clearly showed the finances of the abattoir and the claims that it made to charge tho abattoir accounts with depreciation, sinking fund, extensions and additions, portions of preliminary expenses, and other matters. In 1913 a refund was mado to the payers ol meat export slaughterhouse fees, and to Rod and Co., with other butchers using the abattoir, in accordance with tho balance of the profits shown in tho accounts for each of two years, and the sums wero accepted without protest t>y Rod and Co. and tho other interestoa parties. .In 1914, 1915, and ; 1910 no refunds were given,' arid no protest was mafie uy any interested party until November 4th, 1916. During the throe years 1918-15, the corpo*f» tion expended, at the request of tne Wellington Butchors' Association, a sum of £1559 IBs Od for improvements and additions to tho abattoir. White denying liability, the corporation paid into tho Supreme Court £lB5 2s 8d and £4 4s costs in full satisfaction of all claims. Rod and Co. subsequently amended their claim, and asked for £304 1b 7d and the corporation uoriied any liability beyond the amount paid into court. v The judgment of the Chief Justice, R lven when the matter came before tho Supremo Court, stated that it was noteworthy that the abatto.r account on March '3lst, 1917, had a credit ot that the amount paid into court was less than the amount due to Rod jap.it Company, and the faofthat the Butchers' Association had asked for expenditure out of revenue on improvements did not prevent Rod and Company from claiming the amount to which they were entitled. The city by-laws had fixed the liability of the butchers' at 5 per cent, on tho amount of the expondituio, but tho corporation claimed that tho payers oi tees should reimburse it for improvements. To this latter proposal the payers ot fees had not tieen asked to agree. His Honour held that the corporation's pleas were invalid. Other minor issues were decided against the corporation, and Rod and Company were allowed to amend their claim. His Honour awarded Rod and Company •6304 Is 7d, with £37 18s as costs. Argument had not been conoluded when tho court rose for the day