High Court of Australia
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THE PERPETUAL TRUSTEES EXECUTORS AND AGENCY CO.OF TASMANIA LTD,
ve. MITCHELL AND OTHERS.
MR_JUSTICE RICH.
HIGH COURT OF AUSTRALIA.
PRINCIPAL REGISTRY,
MELBOURNE. Memorandum for:- The District Registrar,
High Court of Australia, HOBART.
MITCHELL V. THE PERPETUAL TRUSTEES EXECUTORS AND AGENCY COMPANY OF TASMANIA LIMITED AND OTHERS
Referring to your memorandum of 12th Mayi942, I have to inform you that the abovementioned appeal came on for hearing this day before the Full Court consisting of Their.Honours the Chief Justice and Justices Rich, Starke, McTierman and Williams,
Mr. Ham K.C, and Mr. T,W.Smith of Counsel appeared for the appellamt, and Mr. S.C,Burbury and Mr. D.M,Little of Counsel for the respondent The Hobart Benevolent Society. There was no appearance for the other respondents, and His Honour the Chief Justice directed that an affidavit of service of the notice of appeal be filed.
Mr. Ham K.C. addressed the Court from 10,30 a.m. until 12 noon, when the Court intimated that it did not desire Mr. Burbury. His Hdnour the Chief Justice thereupon delivered oral reasons for judgment with which the other Justices agreed,
The order of the Court was as follows:- "Appeal dismissed with costs."
The Court papers have been returned to you under sepabate
cover,
Deputy Registrar,
HIGH COURT OF AUSTRALIA.
PRINCIPAL REGISTRY,
MELBOURNE.
20th May,1942 MEMORANDUM FOR: -
The District Registrar,
High Court of Australia, Hobart
MITCHELL V. PERPETUAL TRUSTEES CO. In continaation of my memomandum of yesterday's date, I
forward a copy of the Reasons for Judgment herein delivered orally by His Honour Mr. Justice Rich.
Deputy Registrar.
cette olge peep'
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~ THE PERPETUAL TRUSTEES EXECUTORS AND AGENCY CO,OF TASMANIA LIMITED. MITCHELL AND OTHERS.
Judgment. Richsd. I agree, By a rule that has been adopted for the sake of general
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