AUSTRALIAN RECORD COMPANY LIMITED V. MILLER

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IN THE HIGH COURT OF AUSTKALIA i

REASONS FOR JUDGMENT

Judgment delivered at... S¥AneV........ W. M. Houston, Govt, Bunt, Metb, on-Friday,..18th. May..1956..

©4978 /55

L

A AN COMPANY LIMITED

Appeal dismissed with costs.

Al LIAN RECORD COMP, 'ED

Ve

TODGMENT

AUSTRALIAN RECORD COMPANY LIMITED

Ve

MILLER JUDGMENT

This is an appeal from an order of the Supreme Court of New South Wales (Walsh J.) which directed that judgment should be entered for the respondent in an action in which 'he sued the appellant for remuneration for services rendered pursuant to an agreement alleged to have been made between the appellant, on the one hand, and the respondent and his brother, Bernard L. Miller deceased, on the other. The contract alleged in the declaration was that "in consideration that the plaintiff would act as agent for the defendant in the United States of America in the obtaining for the defendant of contracts between the defendant and American recording companies whereby the

defendant would obtain licenses from such companies to manufactwre in Australia records from the recordingsof the said American recording companies and in consideration that the plaintiff would introduce the defendant to the said American recording companies whereby the defendant obtained (sic) such licenses as aforesaid the defendant would pay to the plaintiff and the said Bernard Miller by way of reward for.the said services a royalty | of one cent of United States currency upon every recording manu- factured by the defendant in Australia from the recordings of American recording companies under any contracts made between the defendant and any American recording company as a result of the agency of or introduction of the plaintiff as aforesaid."

It was further alleged that the "plaintiff pursuant to the said agreement acted as agent for the defendant as aforesaid and introduced the defendant to American recording companies and as a result of such agency and introduction the defendant obtained