THE COMMONWEALTH OF AUSTRALIA V. MILNE & ORS. 18/1921

\B j. THE COMMONWEALTH OF AUSTRALIA AQ)

v

JUDGMENT. RICH J

This is an action by the Commonwealth of Australia aginst William Milne, Andrew Milne and Martin Luther Milne trading un- der the name of Milne Bros.

The plaintiff's claim as endorsed on the writ is:- "for the sum of twenty-nine thousand six hundred and sixty-two pounds "eleven shillings and five pence (£29,662:11:5) being money payable by "the defendints to the plaintiff.for money received by the defendants "for the use of the plaintiff, particulars whereof are as follows:-

"To amount paid by the plaintiff to the defendants for cer- "tain goods falsely and fraudulently represent ed by the ""defendints to have been aupplied by the defendants to the "Commonwealth Naval Dockyard, Cockatoo Islend, Sydney, in "the State of New South Wales between the first day of Nov- "ember in the year one thousand nine hundred ani seventeen, "and the first day of August one thousand nine hundred and "nineteen which s8id goods were not supplied by the defendant

"to the said Dockyard",

Be

. No pleadings were filed in the action. By an inter locutory order made cn the 27th. July last the Chief justice directed

that the issue (2) of payment of money to the defendant William Milne ani (b) of non-delivery of goods in respect of which such money is al- leged to have been paid be tried by a jury of four the form in which

these issues are left to the jury to be settled by the yustice before

whom the action is tried. At the trial before me I settled the issues as

follows:- (1). Whether the sums mentioned in the particulars or any of them were paid by the pleintiff to the defendnt William Milne, (2).

whether any part of such money was paid for goods not delivered to the

On the 6th. day of trial connsel consented to the

plaintiff.

discharge of the jury and to the determination of the issued by me.