HOLDEN'S MOTOR BODY BUILDERS LIMITED V. PASCOE & CO. LIMITED 11/1931

~ TYSL.Y

IN THE HIGH COURT OF AUSTRALIA

SOUTH AUSTRALIAn REGISTRY No. 11 of 1931.

On Appeal from the Supreme Court

BETWEEN

of South Australia.

HOLDEN'S MOTOR BUDY BUILDERS LIMITED

Appellant - and - PASCUE & Cu. LIMITED

Respondent.

JUDGMENT on Appéal.

r

RBWOCY 139 HULAAIDE REGISIRY Orn

N. J. Hargrave, ' Adelaide,

Solicitor for the Respondent. :

' 4 i i IN THE HIGH COURT OF AUSTRALIA SOUTH AUSTRALIAN REGISTRY No. 11 of 1931.

On Appeal from the Supreme Court of South Australia.

BaTWEoN HOLDEN'S MOTOR BODY BUILDERS a LIMITED \ - Appellant \

- and - \

PaSCOE & CO. LIMITAD Respondent,

Before Their Honours The Chief Justice and Justices Starke Dixon, Evatt and McTiernan.

Thursday the 8th day of October, 1931.

This appeal coming on for hearing on the 7thay of Octo- ber 1931 and this day pursuant to notice of appeal dated the 24th day of July 1931 UPON HEARING Mr. Thomson K.C, and Dr. Browne of counsel for t he abovenamed appellant and Mr. C. 7. Hargrave and Mr. L. M. S. Hargrave of coun- sel for the abovenamed respondent And the appellant and respondent by their respective counsel agreeing that in \ compromise of the ground of appeal set out in Paragraph 2(d) of the said Notice of Appeal namely that the juag- ment of the Supreme Court of South Australia dated the : 7th day of July 1931 was erroneous in point of law in 27 OCT 1931 that the learned Chief Justice misdirected himself in holaing that the agreement referred to in Paragraph 2 of the Statement of Claim could not be terminated under Para- graph 14 of the said agreement vefore the 16tn day of July 1931 and in calculating damages on suchb asis the said judgment be varied by reducing the amount of the said

jucgment from the sum of £2887:10:0 to the sum of

otherwise dismissed and that the appellant do pay to the respondent the respondent's costs of the said ap- peal to be taxed.