COCK V. COCK AND OTHERS

IN THE HIGH COURT OF AUSTRALIA

ORIGINAL

REASONS FOR JUDGMENT

yaney. on... Monday.,...28th. November. 1966

Judgment delivered a

A.C. Brooks, Government Printer, Melbourne c.s072/66

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COCK AND OTHERS

ORDER

Appeal dismissed with costs.

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JUDGMENT

COCK

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COCK AND OTHERS

BARWICK C.J. McTIERNAN J. MENZIES J. WINDEYER J. OWEN J.

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COCK AND OTHERS

The Full Court of the Supreme Court of Western Australia, upon appeal, ordered a new trial of an action which the learned trial judge, upon the defendant's motion at the end of the plaintiffs' case, had dismissed. By this appeal the appellant, the defendant in the action, seeks to have the judgment in his favour restored.

The respondent F. J. Cock had for some time carried on business in partnership with his brother, the appellant W. A. Cock, under the name W. A. & F. J. Cock, The business was principally that of pastoralists, but the partnership also owned the Agnew Hotel - which was worth about £7,000 - and a house at Lamington worth about £5,000. The partnership business was carried on upon three stations near Menzies, namely Riverina, Wilbah and Perrinvale, and upon Kaluwiri, a station near Sandstone. It seems that the business upon Kaluwiri was carried on by the brothers under the name W. N. Cock and Sons, but nothing turns upon this and it may be treated as simply part of the business of the one partnership.

On 29th July 1959 W. A. Cock and F. J. Cock each signed a document which had been hurriedly prepared by their

accountant. It was in these terms:-

"AGREEMENT between WILLIAM ALFRED COCK and FREDERICK JOHN

COCK, of Riverina Station Menzies and elsewhere, Pastoralists.

It is agreed that in consideration of Pastoral Leases owned

by DOROTHY DEBORAH COCK, being contributed to the partnership