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 enter judgment against the said LEO SMITH McGRATH and CATHUKLNE MARY GEORGINA Mc GRAIH for the total sum so recovered from him in excess of the said sixty percentum together with costs of entering such judgment. UPON HRARING Mr. W.8. Campbell Q.CU. with him Mr. O'Sullivan of Counsel for tie abovenamed Appell Mc Gill Q.U. for the abovenamed respondent JOIN wabtun LOWIN, & Douglas Q.C. with him bir. Smith of Counsel for the respondents LEO Smith Me GRAPH and CALHuRINe MARY GsORGINA Me GRAVH AND UPON READING the record ot the transcript of the proceedings herein 'MiYS COUR DOWH ORDER that the Appeal be and the same is hereby dismissed and that each of ihe respondents JUIN WAL@sK LOWIN and LLO SwI'H Me GRAYH and CAWHuiINe MARY GHUKGINA Mc GRA&LH do recover agains' the appellant their costs of the Appeal to be taxed AND BY CONSEN this Court doth further order that the sum of £50. 0. O. paid into ihe Registry of this Court by t he apvellant as security for costs of the Appeal be paid out to the appellant or his solicitors, Messrs. Cranston, ile Wachern & Hall sbae. Solicitors, b