High Court of Australia
URPULNVAL
IN THE HIGH COURT OF AUSTK ALIA
on MANN. Vv. een eee DUM ER GTB ee ~
ORIGINAL
REASONS FOR JUDGMENT
Judgment delivered at Sydney. on... Thursday, 22nd. August, 1963...
.7639/60
MANN Ve
DUMERGUE
Appeal allowed with costs. Order of the Full Court of the Supreme Court discharged. In lieu thereof order that the appeal to the Full Court of the Supreme Court be dismissed with
costs.
Ve
DUMERGUE
McTIERNAN Je TAYLOR J. MENZIES Je
WEN.
ve
D GUE
The appellant in March 1957 sold the respondent a milk bar and delicatessen business at Coogee for £6,500 and from that transaction there arose legal proceedings in which the appellant claimed damages from the respondent for failing to give a bill of sale to secure the balance of the purchase price outstanding after the payment of £4,500 upon possession, and the respondent counterclaimed for damages for fraud and breach of warranty, alleging that it had been represented and promised that the weekly takings in the business averaged £500 and the weekly profits £100.
The only matter in issue upon the appellant's claim was the amount of damages recoverable for an undisputed breach of the written contract of sale and upon this claim the jury returned a verdict for £2,739 being £2,000 principal and £739 interest. Upon the respondent's pleas of cross-action the jury returned a verdict for the appellant. The respondent appealed to the Full Court of the Supreme Court against the verdict upon his pleas asserting twenty-five grounds of appeal and succeeded on the seventeenth ground - that is "that his Honour was in error in refusing to allow the Defendant to give evidence of conversations with Henry Karpin". The verdicts in favour of the plaintiff were set aside and a new trial ordered. From that order special leave to appeal to this Court was given as it appeared that a decision of this Court may have been misunders tood. Several points were argued but it is convenient to deal first with the ground upon which the present respondent succeeded in the Full Court.
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