HAMILTON & ORS. V. LONG

.7108/51

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REASONS FOR JUDGMENT | - | LEf-

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PPEALS No & OF PRINCIPAL REGISTRY

The appeals will be dismissed, but as the respondent Monica Marjorie Long has died since the hearing of the appeals and no party has yet been added to represent her estate the orders will not be drawn up until such a party has peen added. Orders dismissing the appeals with costs may then

be drawn up by the Registrar and sealed but as of a date after

such party has been added.'

HAMILTON & ORS

LONG

DIXON C.J. NoTIERNAN J. JUDGMENT TAYION J.

HAMILTON & ORS

ve. LONG DIXON C.J. NcTIERNAN J. JUDGMENT TAYLOR J.

On and before the 22nd December 1947 the respondent, a trained nursihg sister carried on a private hospital for "chronic cases" on premises owned by her and known as "Kanilla", Mitchell Road, Brunswick, near Melbourne. On that date she entered into an agreement to sell the goodwill o£ the said hospital to the appellant Gorman, who was a registered nurse, and to grant to the latter a lease of the premises for a term of three years upon certain specified terms and conditions. This appellant conducted the hospital until September or October 1949 when she, in turn, sold the business and the benefit of the lease to the appellant Constance Ivy Hamilton who was a trained nursing sister. The third appellant William Hamilton is the husband of Constance Ivy Hamilton and they became partners in the business in June 1950.

At the time of the first of these transactions it was unlawful for any person to use, or allow, permit, or suffer to be used any premises as a private hospital unless such premises were registered with the Commission of Public Health constituted under the Health Act 1928. 'hereafter at all material times registration of premises was required as a condition precedent to their use as a private hospital but at