DEKKER V. LOWIN AND OTHERS 16/1963

I

1 HIGH COURT Appeal No. 16 of 1963 QUEENSLAND REGISURY

ON APPEAL FROw THE SUPREME COURT OF QUEENS LAND

BETWEEN:

JACOBUS

SOKNBLIUS DEKISR

(Dereudant) Appellant AND JOHN WALIER LOWIN (Plaintiff) ~and=

LEO Suil@H WeGRAYH, CATHERINE MARY GEORGINE McGRATH and HAROLD OWEN MUHL

(Defendants ) Respondents

JUDGMENT

Quinlan, Miller & 'reston, Solicitors, Albert House, Albert Street, BRISBANE,

Je liveecl: 1719 42

IN THE HIGH COURT OF AUSTRALIA

QUEENSLAND REGISTRY Appeal No. 16 of 1963

ON APPEAL FROM THE SUPREME COURT OF QUEENS LAND

BEGWEEN s JACOBUS CORNELIUS DEKKR (Defendant) Appellant AWD

JOHN WALYER LOWIN (Plaintirg )

-and-

LEO SWITH McGRATH, CAVHERINE MARY GEORGINA McGRATH and HAROLD OWEN MUHDL

(Defendants) Respondents

BEMORE PHETR HONQURS WR. dJUstlCk Kfuto ) luk. JUSP@ICE WINDYER AND MR. JUSTICE OWEN

BRISBANE UHE SEVEWTEERNCH DAY OF SEPUEMBER, 1963

THIS ACTION having come on for hearing at Brisbane on the 17th day September, 1963 by way of appeal from the Judgment of tue Supreme Court of Queensland pronounced by lir. Justice Philp at Brisbane on the 9th day of April, 1963 whereby it was adjudged that the plaintiff do recover against the defendants LEO SMITH McGRAVH, CANHSRINK MARY GEORGINA McGRATH and JACOBUS CORNELIUS DEKKER the sum of £15863.18.7 with costs including reserve costs and that if tne plaintiff recover from the said LEO SMITH MCGRATH and CATHERINE MARY GEORGINA McGRATH an amount in excess of forty percentum of the said sum and costs the said L#O SHITH McGRATH and CATHERINE MARY GHORGINA McGRA'H should be at liberty to enter juugwent against the defendant JACOBUS CORNELIUS DEKKER for the total sum so recovered from them in excess of the said forty percentum together with the costs of entering such judgment AND FURTHER that should the plaintiff recover from the said JACOBUS CORNHLIUS DEKKER an amount in excess of sixty percentuu of tue said sum and costs the said JACOBUS CORNEL{US DeKKER ahould be at liberty to