EDWIN CLAUDE HELTON V. ISABELLA ALLEN 2/1941

UDA T.

AHAWY

Rol ef ay!

RICH A.C.d. DIXONS. M@TIERNAN J, WILLIAMS J.

IN THE HIGH COURT OF AUSTRALIA

GUEENSIAND REGISTRY Appeal No. 2 of 1941 ON APPEAL FROM THE SUPREME COURT OF SUEENSLAND (FULT COURT) Appellant 'Wefendant) - and - ISABELIA

Respondent

Plaint.

BEFORE THEIR HONOURS SIR GEORGE RICH, ACTING CHIEF JUSTICE, MR. JUSTICE DIXON, MR. JUSTICE McTISRNAN and MR, JUSTICE VILLIANS

FRIDAY, THE TVENTIETH DAY OF JUNE, 1941.

THIS ACTION having on the nineteenth and twentieth days of June one thousand nine hundred and forty-one come on for hearing by way of appeal from the Judgement of the Full Court of the Supreme Court of Queensland pronounced on the first day of April one thousand nine hundrei and forty-one dismissing an appeal by the appellant (the defendant) from the Judgment of The Honourable Mr. Justice Macrossan S.P.J. pronounced on the fourth day of November one thousand nine hundred and forty in an action in the Supreme Court of Queensland wherein the abovenamed respondent was the plaintiff and the abovenamed appellant was the defendant AND UPON HESRING the appellant (the defendant) in person and Mr. Lynam of Counsel for the respondent (the plaintiff) THIS COURT DOTH ORDER that the said appeal be dismissed and thet the respondent (the plaintiff) do recover from the appellant (the defendant) her costs of the said

appeal to be taxed AND THIS COURT DOTH FURTHER ORDER

that the respondent's (the plaintiff) costs of the said

appeal as between Solicitor ami client be paid out of the

residvary estate of Margaret Jane Roche deceased provided that any costs as between party and party recovered by the respondent (the plaintiff) against the appellant (the defendant) be paid into the said residvary estate ASD

UPON the respondent (the plaintiff) undertaking to assign to any administrator of the said estate her right thereunder