High Court of Australia
TN THE HIGH COUL
OY AUSTRALIA» ) ; ) No. 2 of
REGISTRY ) a
NEW SOUTH
EAL FROM SHS SUPREME COURT OF
TH WALES
THE COMMISSTONER FOR RALLWAYS
Appellant (Defendant ) ~ and =~ KEMP BEACH Respondent (Plaintiff)
Before Their Honours The Chief Justice, Wr. Justice
Rich, Mr, Justice Starke, Mr. Justice Dixon and Mr.
Justice Evatt..
Thursday the seventh dey of April in the year
his action was heard in the Supreme Court of New South vefore His Honour Mr. Justice Milner Stephen and a jury of four persons on the twenty eighth, twenty ninth and thirtieth
* days of September and the 'first day of October on.
nonsend nine hundred and thirty seven on which last ment ion was given in favour of the abovenamed Responaki $ the sum of One thousand and forty five pounds a (£1,045.11.0) and Judgment was entered in the sald~a 'etn py His Honour accordingly AND WHEREAS the abovenamed appellant appealed to the Full Court of the said Supreme Court against the said judgment AND WHEREAS the appeal was heard on the fifteenth and siateenth days of November One thousand nine hundred and thirty seven on which last-mentioned day the said Court reserved judg~ ment AND WHERHAS on the seventeenth day of December One thousand nine hundred and thirty seven the said Court ordered the said appeal to be dismissed with costs AND WHEREAS the said eppellant
on the sixth day of January One thousand nine hundred snd thirty
eight filed a Notice of Appeal to this Court against the said
- Bea
Judguent and order of the said Full Court of the Supreme Court
of New South Wales AND WHEREAS the said appellant duly institute this appeal and this appeal came of to be heard on the sixth and seventh days of April Oné thousand nine hundred and thirty eight WHEREUPON AND UPON READING the certified copy of the transcript record of documents transmitted by the Prothonotary of the said Supreme Court of New South Wales to the New South Wales District Registry of this Court AND UPON HEARING what was alleged by Mr. W. J. Bradley of King's Counsel with whom was Mr. &. P. Kinsella of Counsel on behalf of the Appellant and by Mr. Clive Evatt of King's Counsel with whom was Mr. F. A. Dwyer of Counsel on behal of the Respondent THIS COURT DOTH ORDER that this appeal be and
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