SIMON V. PAYNE 15/1951

ishas

OF AUSTRELIA

WRAY

| REASONS FOR JUDGMENT

Judgment delivered at SYDNEY. on FRIDAY, 187. AUGUST, 1952.

HL, Dan, Gor. Prt, Sith 980/48

SIMON Ve PAYNE ORDER

Order of the Full Court of the Supreme Court varied by substituting for the order as to the amount recoverable a direction that judgment should be entered for £548.11.5 together with an amount equal to the present value as on 12th December 1948 of £1416.8.7. payable in weekly amounts of £15 each and a direction that there be an inquiry by the Registrar of the Supreme Court to ascertain the amount of such present value, unless the parties agree

thereon.

Otherwise appeal dismissed with costs to be taxed less the sum of £20.

SIMON ve PAYNE

JUDGMENT : DIXON C.J.

TT

KITTO J.

SIMON ve PAYNE

[UDGMENT : DIXON C.J.

By the order under appeal the plaintiff respondent recovered judgment against the defendant appellant for the sum of £2113.9.0 with costs in an action of contract. The order was made by the Full Court of the Supreme Court of Queensland which set aside a judgment for the plaintiff for £120 only, with costs, given at the trial by Mansfield S.P.J.

The sum to which the plaintiff has been held entitled represents the balance of moneys found to be payable by the defendant to him in respect of the goodwill and assets, including trucks and transport licences, of a carrying business which the plaintiff had carried on but had made over to the defendant.

The plaintiff had carried on for some ten years a service for the carriage of goods between Redcliffe and Brisbane and then he became bankrupt. By some arrangement, the nature of which appears only indistinctly, one Gordon Brown bought from the trustee in bankruptcy a half share of the business, and enough money was found for the creditors to obtain a discharge for the plaintiff. Thereupon Brown and the plaintiff were to dispose of the business to the defendant. Brown and the plaintiff as vendors accordingly entered into an agreement with the defendant as purchaser, The agreement which was in writing under hand was dated Ist August 1947. Thereby the vendors agreed to-sell and the purchaser agreed to purchase the goodwill and effects, enumerated in a schedule, of the vendors carrying business upon terms and conditions which the document proceeded to set out.