MCALLISTER V. RICHMOND BREWING CO. (NSW) PTY. LTD.

IN THE HIGH COURT OF AUSTRALIA.

ORIGINAL

REASONS FOR JUDGMENT.

Delivered at.

on Wednesday, 21st April, 1943.

40358 A. H. Perriven, Acrire Govr. Prixr.

McALLISTER.

Ve

RICHMOND BREWING COMPANY (N.S We) PIY.LTD.

ORDER .

Appeal dismissed with costs.

McAllister

RICHMOND BREWING COMPANY(N.S.W PIY.

REASONS FOR JUDGHENT

i Cd. RICH J.

WILLTAMS J.

This is an appeal from a refusal of the Full Court of the Supreme Court of New South Wales to grant a new trial in an action in which the appellant claimed damages from the respondent for deceit: and, alternatively, for breach of contract. The jury found a general| verdict for the defendant upon the first count; on the second count : a verdict was given by direction for the defendant.

The plaintiff alleged that one Hood, the Manager of the defendant company, induced her to enter into a contract to purchase the Australian Hotel, Sydney, for £2000 by making a fraudulent representation that the takings of the hotel were £140 per weeke At the 'tame when the parties were engaged in the negotiations in the course of which the statement was said to have been made one Reynolds was in occupation of the hotel as licensee. He was in occupation for about 44 wésks to March 1940. The plaintiff succeeded him for 11 months te February 1941, and after the plaintiff left the hotel one McEvoy was in charge of it for 9 months from April 1941. The plaintiff gave evidence of her takings for the

-purpose of showing that the alleged representation that the "takings

were £140 per week was untrue. The defendant called McEvoy to give evidence that, although the takings were much lower than £140 when he undertook the duty of managing the hotel, within 9 months he had succeeded in working them up to about £140 per week. The first point for consideration upon the appeal is whether the evidence of McEvoy was rightly admitted. ,