APPEAL COURT.
The Court said the Commercial Trusts Act appeared to be more stringent than the Australian Act. Certain acts are made offences, and the Court had not to consider whether such act was or was not contrary to the public interest. As to the Sugar Company, the Court held that the circular of September 11th, 1911, was issued to prevent Fairburn, Wright and Co. earning the maximum discount. The offer to the general public was illusory, and was really an offer to one person. It also held that Levin and Co. was a member of a commercial trust and that the discount was given to it in that capacity. The next charge was that the Chief Justice was convinced that under section C the Court held there was evidence under sections both 13 and C, and affirmed the conviction. The next charge was that against the Merchants’ Association, Levin and Co., Bannatyne and Co., and Joseph Nathan and Co., of aiding, abetting, counselling and procuring the Sugar Company to commit the offences. The Court held they were all rightly convicted, and also on the conspiracy charge. Costs wore allowed on the highest scale in respect to each separate appeal. Conditional leave was granted to appeal to the Privy Council.
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https://paperspast.natlib.govt.nz/newspapers/STEP19130730.2.32
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Stratford Evening Post, Volume XXXVI, Issue 72, 30 July 1913, Page 6
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210APPEAL COURT. Stratford Evening Post, Volume XXXVI, Issue 72, 30 July 1913, Page 6
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