FINN V. LEMCKE 6/1941

W6 YEH) le

IN THE HIGH COURT OF AUSTRALIA.

_ BBM

ut

REASONS FOR JUDGMENT.

Judgment delivered at_..Melbourne om Hi 5. Gross, Gort. Pint, Mets. on. Monday..,8th June,.1942..

IN

LEHCKE,

THE HI

NBGA

OF AUSTRALIA

1941 No. 6.

JUDGMENT.

Oe NS

WALTER D, SYKES, LL.Boy 118 Queen 'Street, MELBOURNE.

Solicitor, for the Plaintiff.

&

IN THE HIGH 'count )

; ) 1941 No. 6. ' OF AUSTRALIA ) Between ROBERT PEARCE FINN Plaintiff and FREDERICK WILLIAM IE MCKE "Defendant.

Before His Honour Mr. Justice Starke

Monday the Eighth day of June 1942

THIS ACTION coming on for trial before this Court on the 26th 27th and

28th days of May 1942 UPON READING the Pleadings herein AND UPON HEARING

the viva voce evidence of the abovemamed Plaintiff and of Arthur Allen and

Percy George Begbie on behalf of the said Plaintiff and of the abovenamed Defend- ant and of John Francis Deighton Scarborough and John MeNab on behalf of the said Defendant AND UPON READING the several exhibits put in evidence on behalf

of the respective parties AND UPON HEARING Dr. Coppel of Counsel for the said

Plaintiff and Mr. Moore and Mr. Dethridge of Counsel for the said Defendant THIS

COURT DID ORDER that this Action should stand for judgment and the same stand-

ing for judgment this dey accordingly THIS ORT DOTH ORDER that judgment be

entered in this Action for the said Plaintiff for the sum of £272:17; 2d AND that

§vdgment be entered for the said Defendant on the Coun: claim herein for £262:6:8 AOE SSS. AND THIS COURT DOTH FURTHER ORDER that the pargie ao"abide their own costs of

the day's hearing of this Action before the Chief! Justice of this Court on the

26th day of May 1942 AND THIS CURT DOTH \iTRECT. that the said parties do

bear equally between thom the costs of the Shorthafid Notes taken on the trial of

this Action AND THIS COURT DOTH FURTHER ORDER that subject as aforesaid