THOMAS DAVIS V. EDWARD ALFRED BUNN 12/1941

cass,

lo. 12 f 144)

LJ, Grom, Gort, Print, Melb.

IN THE HIGH COURT OF AUSTRALIA.

Kav

REASONS FOR JUDGMENT.

Full Court Rich, A.C.J. Starke,McTiernan

and Williams JJ.

Judgment delivered at << eT:

- 28 JG 09 LL...

i

IN THE HIGH COURT OF AUSTRALIA

; No. 12 of 1941 NEW_SOUTH WALES REGISTRY :

ON_APPEAL from the Supreme Court of New South Wales in its Equitable Jurisdiction

BETWEEN THOMAS DAVIS : (Defendant)

APPELLANT

AND EDWARD ALFRED BUNN (Plaintiff)

RESPONDENT ea

Before Their Honors the Acting Chief Justice,

Mr. Justice Starke, Mr. Justice McTiernan and

Mr. Justice Williams.

Supreme Court of New South Wales in its Equitable Jurisdiction afainst the Appellant 'AND WHEREAS the said suit came on to be heard before the Honourable Harold Sprent Nicholas Chief Judge in Equity of the said Supreme Court on the i8th, i9th and 2ist - ap

days of March, 1941 AND WHEREAS by an order dated the 21st day}:

of March, 1941 the said Court did grant leave to the Respondent —

to amend his replication filed in the said suit by adding thereto

N paragraph 2 as follows :

"2, And for a second replication the Plaintiff says that on the hearing of suit No. 653 of 1940 in which said suit .

John Kidd Greig referred to in paragraph one of the | —

Statement of Claim herein was Plaintiff and the Plaintif in this suit, the Defendant in this suit and one Joh

Reddon Cameron were Defendants, it was on the 'eight:

of August last held by this Honourable Court that TH

Np. 32837 in State Lottery No. 686 was purchased by

alf 'of himself, the said John Kidd 6:

nbit| and that the said three named pe

os

: at acd

wer e titles. $6, 'bqual shares to the sum of Five tho'

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" was on the said eighth day of August last made by this Honourable Court in favour of the said John Kidd Greig against the Defendant in this suit for the payment to the said John Kidd Greig of a one third share of the said sum of Five thousand pounds (£5,000) and no appeal against or in respect of the said decree was or has been made or