ROSENBLUM V. LEVITOFF AND OTHERS

0.12980/45

HE Daw, Gor. Print,, Mob

ey.

IN THE HIGH COURT OF AUSTRALIA

LEVITOFF AND OTHER;

REASONS FOR JUDGMENT

ROSENBLUM Ve LEVITOFF

JUDGMENT WILLIAMS J.

ROSENBLUM _V_.__LEVITOFF

JUDGMENT WILLIAMS J.

In this action the plaintiff, who resides in New South Wales, is suing the defendant, who resides in Victoria, fom moneys alleged to be due to her from the defendant under a written agreement made on lst December 1945. It is agreed that the action cannot be finally disposed of at this stage and that unless the parties can agree an account will have to be taken, But it is also agreed it will be convenient to decide as a preliminary to the taking of the account whether the agreement made on let December 1945 is contained in a document expressed to be a deed of agreement and a second document as the plaintiff contends or in those documents and a further document as the defendant contends. If this question is decided in favour of the defendant, it will also be convenient to determine the meaning of the provision in the further document that the defendant shall be able to deduct from the money lent to him by the plaintiff any losses ordinarily incurred by him in his business activities under the deed of agreement.

The deed of agreement, which was for a term of two years, was an agreement by which the plaintiff agreed to lend the defendant the sum of £900 and to make further advances in her discretion so that the total sum advanced should not exceed £5000 to finance the defendant in his business of an entrepreneur impressario and theatrical agent and the defendant agreed that he would arrange a tour of at least two overseas artists per year during the continuance of the agreement and that these artists should give a minimum of twenty concerts each in Australia

anG@ New Zealand. The plaintiff was not to receive any interest