REFUND CLAIMED

Rotorua Morning Post, Volume 1, Issue 93, 10 December 1931, Page 5

REFUND CLAIMED

(Press Assn.

DAIRYING COMPANY RECOVERS SUM OVERPAID TO SUPPLIER ADVANCE PAYMENTS TOO HIGH

— By Telegraph — Copyright.)

AUCKLAND, Wednesday. In the Supr.eme Court to-day the Oruru-Fairburn Co-operative Dairy Company, of North Auckland, sought

to recover from John William Dawson, formerly a supplier, the sum of £24 3s 8d, representing .84d per lb on all butterfat he- produced in the 1929-30 season. It was stated that defendant cea'sed to supply to the company after May, 1930, for the 1929-30 season. He had been paid in monthly advances a total of £408. At the end of the season the company found that it had advanced £2492 more than it obtained by saies, after the payment of working expenses. Dawson, in April, 1931 refused to refund the amount of the over-advance. . An action was brought in the Magistrate's Court, but because of the number of othe-r suppliers in the same position, and the company's desire 'for an authoritative judgment, it was removed to the Supreme Court. The secretary of the company said suppliers had not been notified till last April of the necessity for a refund, but many had expected it. The chairman of directors said that when the market slumped 40 per cent. of the output was withheld from sale. The company had acted similarly in the two previous years, with the result that suppliers gained £3000. The suppliers had met and decided to leave the marketing poliey in the hands of the directors. Judgment was given for the plaintiff.