A. RAGGATT, K. K. SLADE, J. J. PURDEY AND G. I. LAING V. CLAUDE WILLIAM HARRIS

aE en So uo

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IN THE HIGH COURT OF AUSTRALIA - = 4

A. RAGGATT, H. K, SLADE, Z DEY and G. I. LAIN

v.

CLAUDE WILLIAM HARRIS |

REASONS FOR JUDGMENT

Judgment delivered at__Melbourne

'A.C. Brooks, Government Printer, Melbourne 0.763960

ci ce

We

We thinkithe order should be vacated. We should state that we taka this course because the order under appeal was made for reasms applicable to a cause of action whieh is not alleged in the statement of claim, and we vacate the order so that the patties, or either of them, may apply to the Supreme Court for leave te amend the pleadings, and in order that they may tgke any further steps in the Supreme Court that they may be advised including, perhaps, proceeding to trial without any interlocutory determination of questions of law divorced from the final ascertainment of the facts.

We do this so that they may take any such course vithout being in my way hampered, or restricted, by the order of Mr. Justice Gowans, '

For these reasons, the order will be that the

appeal be allowed, the omfer under appeal be vacated, and ve think that the costs of this appeal should be the plaintiff's eosts in the agtion, the reason for that being that if the Giffieulties that have resulted in this order had been clear when special leave was applied for, special leave would probably not have been granted,