WESTERN MINING CORPORATION LTD. V. REARDON & OTHERS

IN_THE HIGH COURT OF AUSTRALIA)

PRINCIPAL REGISTRY )

- 130 of 1976

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES

- BETWEEN WESTERN MINING CORPORATION a LIMITED Appellant AND EDWARD LESLIE JOSEPH REARDON,

BERNARD JAMES REARDON and WASCOE INVESTMENTS PTY, LIMITED

Respondents

BEFORE THEIR HONOURS MR, JUSTICE STEPHEN, MR. JUSTICE MASON AND MR, JUSTICE JACOBS

FRIDAY THE 4th DAY OF MARCH 1977 THIS APPEAL from the whole of the judgment and order of the

Supreme Court of New South Wales given and made on the 30th

day of June

y 976 coming on for hearing before this Court at

£ November, 1976 UPON READING the

transcript

Mr. K.R. ees OREN

Counsel for Sestt pellant and Mr. F.D.J. Officer of Queen's

roceedings herein and UPON HEARING

en's Counsel and Mr. B.W. Collins of

Counsel and Mr. C.C. Branson of Counsel for the Respondent

THIS COURT DID ORDER on the said 15th day of November, 1976 that this appeal should stand for judgment and the same standing fox judgment this day accordingly at Melbourne THIS COURT DOTH ORDER that this appeal be and the same is hereby allowed AND THIS COURT DOTH FURTHER ORDER that the judgment and order of the said Supreme Court of New South Wales be and the same is hereby

set aside AND in lieu thereof THIS COURT DOTH FURTHER ORDER that

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there be judgment for the defendant in the action with cests AND_THIS COURT DOTH FURTHER ORDER that it be referred to the proper officer of this Court to tax and certify the costs of the Appellant of this appeal and that such costs when so taxed and certified be paid by the Respondent to the Appellant or to its solicitors, Messrs. Allen Allen & Hemsley AND THIS COURT CONS: FURTHER ORDER that the sum of One hundred

dollars ($100.00) paid into Court by way of security be paid out to the Appellant or to its solicitors, the said Messrs.