HOTEL SYDNEY LIMITED V. MUNICIPAL COUNCIL OF SYDNEY 66/1937

IN THE HIGH COURT OF AUSTRALIA ) ) Now 66 of 1937 NEW SOUTH WALES REGISTRY: = ) . «

ON APPEAL from the Supreme Court '-of New South Wales. BETWEEN: HOTEL SYDNEY LIMILED

(Plaintiff) Appellant.

and

MUNICEPAL COUNCIL OF SYDNEY

{Defendant ) Respondent.

Before their Honours The Chief Justice, Mre Justice Rich, Mr. Justice Starke, Mr. Justice Dixon and

Mre Justice McTiernan.

nday the thirteenth day of December in the year

Our Lord One thousand nine hundred end thirty sevene

Supreme Court of New South Wales in an action No.3387 of 1936 claiming the sum of Two thousand six hundred and twenty pounds fifteen shillings and two pence (£2620. 15. 2.) for debt from the abovenamed Respondent AND WHEREAS in pursuance of the provisions of Sections 55 and 56 of The Common Law Procedure Act 1899 of the State of New South Wales the questions of Law raised in the said action were stated in

a Special Case for the opinion of the Full Court of the Supreme Court of New South Wales without any pleadings

AND WHEREAS the Special Case having come on for hearing before the said Full court of the Supreme Court of New South Wales the said Full Court on the twenty-fourth day of August one thousand nine hundred and thirty seven ordered (inter alia) that judgment be entered for the Respondent with costs

AND WHEREAS on the thirteenth day of September one thousand

nine hundred and thirty seven the Appellant filed a Notice of Appeal. to this Court against the decision of the said Full Court and the Appeal came on to be heard on the

tenth and thirteenth days of December one thousand nine

hundred and thirty seven WHEREUPON AND UPON READING the

certified copy of documents transmitted by the Prothonotary

of the said Supreme Court of New South Wales to the New

South Wales Registry of. this Court AND UPON HEARING what

was alleged by Mr. Watt of King's Counsel and Mr. Hunter