High Court of Australia
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22 \9a7!
THE SHIRE OF BULLI .V DAWSON, /
KNOX C,3. ISAACS J. :
SETS ef
GAVAN DUFFY ¢ STARKE JJ}
We ure of opinion that there was evidenee fit to he left to
the jury on the question whether Newson inf giving the notice contain
his employment and on the question whether Newman was actuated by malice, We are further .of opinion that 12 Newwan in writing the letter aboveuentioned was acting within the acbpe of his. employnen and was actuated by malice the appellant Council is responsible to
the respondent. We express no opinion on: the cther questions raid
in the Supreme Court cr on this appeal,
The appeal is dismissed with coste.
2 OUR OF H: OF. AWSON.
I concur with my learned brothers in the opinion that this case cught to have gone to the jnry,| and ought now to go to ew jury.| There was seme evidence fit to be left to the jury, and the Full Court of N,: 8. W.: was justified in ordering a new trial.| But I desire net to cowmit myself to the proposi- tion contained in the sesond sentence of the statement just handed down by the Chiof Justice, in its present absolute forms! The less I say on the matter the better, as my remarks
may prefudice one party ar the other;in the new trial.!
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