High Court of Australia
cute"
ML, Green, Govt, Print, Meth,
IN THE HIGH COURT OF AUSTRAE#A.
WILLIS... v.... AUSTRALIAN TRADING co. PTY, LTD,
and
JONES v, AUSTRALIAN TRADING COmPTY. LTD.
(Consolidated)
REASONS FOR JUDGMENT.
and Judgment of Court
The Chief Justice; Mr. Justice Isaacs;
Mr. Justice Starke,
High Cont of Pievigal He
:
Judgment delivered at... Melbourne...
on 16th October,.1925.
WILLIS QNgS THE AUSTRALIAN TRADING COMPAI Xe L0.
ZUDaMane
we think it is clear that the matter sought to be raised by Amendment has an important bearing on the question of the liability of the defendants. This being so we think on the whole it is desirable to allow this matter to be investigated and that we should order a new trial. The order will be as follows:- Appeals allowéd - judgment of Supreme Court discharged - Action remitted to the supreme Court for a new trial with liberty to all parties to amend as they may be advised.
Costs of the first trial and of any amendments to be in the discretion of a Judge of the Supreme Court.
No order as to costs of Jones' appeal. Respondent
Company to pay half the costs of Willis' appeal.
183 VOTRE AUSTRALIAN PAADIUG COMPANY Py.bit,
» Ss ttidnk 2b ig cleay that the matter sought to oe raised oy dsendacut haa an Aupertant bearing on the qusustion of ths liability of tha aifandants, This being eo ve think on the whole it 4a doaim
ols to siiow this matter to bs investigated and that ae should order &
'pow"trind. The order vi1i be ae follewe:- Appeals zileasd - duigacet of Oupraas Court disehargod - Astion remitted to the Supreme Court for & mnt triak with lavurty to ali parties to amend an thay may
Be @dvioeds Oost of the firat trinl wna of any amendnents to be in
she diacretion af a Judge of the Supreme Court.
Ne orier a9 to costa of Jones? aggend. Ruspenucnt Cors- pany to pay half the costa of Willis! appeal.
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