Maslen v Laffer [1950] HCA 55

High Court of Australia Latham C.J. Fullagar and Kitto JJ. Maslen v Laffer [1950] HCA 55

ORDER Maslen v. The Perpetual Executors, Trustees & Agency Company (W.A.) Limited. Appeal allowed. Order of Supreme Court set aside except as to costs. Questions in originating summons answered:—

1. The plaintiff company as executor of the will of P. A. Connolly deceased and the defendant G. A. Maslen.

2. The plaintiff company is entitled to three-fourths of the said sum as such executor and the defendant G. A. Maslen is entitled to one-fourth thereof.

Costs of all parties of appeal to be paid out of the sum of £463 17s. 0d., referred to in the said summons; those of appellant as between solicitor and client. Maslen v. Laffer. Appeal allowed. Order of Supreme Court set aside except as to costs. First question answered—No. Second question answered by declaring that the defendant G. A. Maslen is entitled to one-half of the portion of the sums of money referred to in the affidavit of Eleanor Forrest Laffer sworn on the 20th day of January 1950 and filed herein and distributed under the Wool Realization (Distribution of Profits) Act 1948 in respect of the wool described in the said affidavit which was supplied for appraisement before 1st July 1946. Costs of all the parties of appeal to be paid out of the said sums; those of E. F. Laffer as between solicitor and client. Maslen and Others v. The Perpetual Executors Trustees & Agency Company (W.A.) Limited. Appeal Allowed. Order of Supreme Court set aside except as to costs. First question in originating summons answered—No. Second question answered by declaring that the defendants G. A. Maslen, J. A. Maslen, K. G. Maslen and R. W. Maslen are entitled to one-half of the sums of money referred to in the affidavit of Percy Granville Carter sworn on the 14th February 1950 and filed herein and distributed under the Wool Realization (Distribution of Profits) Act 1948 in respect of the wool described in the said affidavit which was supplied for appraisement 1st July 1946. Costs of all parties of appeal to be paid out of the said sums; those of the plaintiff company as between solicitor and client.