IN THE HIGH COURT OF AUSTRALIA MINTS PRY. LIMTL ORAL REASONS FOR JUDGMENT Sydne Judgment delivered at. lay 6 on... 'A.C. Brooks, Government Printer, Melbourne c.5072/6 CREST INVESTMENTS PTY. Ve STOSSEL Appeal dismissed with costs. CREST INVESTMENTS PTY. LIMITED Ve STOSSEL MEN BARWICK C.J. CREST INVESTMENTS PTY. LIMITED Ve STOSSE In this matter the appellant appeals against a judgment given by his Honour, Mr. Justice Macfarlan, in the Commercial Causes court of New South Wales by which his Honour found that an agreement by the defendant to pay certain fees to the plaintiff had been made out to his satisfaction. The sole ground on which the appellant seeks to challenge his Honour's verdict and judgment is that there was no material before his Honour on which his Honour could find the agreement pleaded by the plaintiff to have been made out. The materiality of the success of this challenge to the appellant has been explained to us by Mr. Barbour very fully and, for my part, I quite understand what he has said. eee However, notwithstanding his very capable efforts, I have formed the clear opinion that there was ample material before his Honour on which his Honour could have properly found the contract pleaded by the plaintiff to have been made out. Accordingly, in my opinion, this appeal should be dismissed. CREST INVESTMENTS PTY. LIMITED Ve ca JUDGMENT MENZIES J. 'S_PTy. LIT DEE STOSSE: I agree. CREST TNVESTMENTS PTY. LIMITED STOSSEL OWEN Se CREST INV: 2S Pty. LIMTPED STOSSEL I agree.