Luke v Waite [1905] HCA 5

253 HIGH COURT

H.U.or 4. The applicants were charged with being found in a comme, 1905. gaming house without lawful excuse, and were convicted ay} txtmm fined. Afterwards they were charged with assisting the ae of the house in conducting the business of betting that wasea on there. All that was necessary to support the second ch

was to prove that the house was kept, by the person who it, for the purpose mentioned, and that the defendants him, Now, on the proof of those facts, could they have b convicted on the first charge? Clearly not. IE that had been all the evidence given on the first charge, the ease must have been dismissed. That is sufficient to dispose of the application. 'The decision of the Supreme Court, so far from being open to doubt, appears to be obviously right, and this application there fore should be refused.

Grimith Cs.

Barton J. and O'Connor J. concurred.

Leave refused.

Solicitors for applicant, Crick & Carroll

(HIGH COURT OF AUSTRALIA.]

LUKE AND OTHERS . APPELLANTS; PLAINTIFFS,

WAITE aes . RESPONDENT Dereanr,

H.C. oF A. q 7 1905, "if*—Subecriptions— Failure of purpore—Resulting trust for donors—Conteact (0 << repay subscriptions—Consideration— Option to have money applied. towanis

'Metpovrye, Payment for shares ina Company—Appeal to High Court—Reveraal of judd

March7,8,9, ment on question of fact—Inference to be drawn from undisputed facts.

BG; 18) Money was subscribed by certain persons in Wileannia in the form of

Grimith C.J., deposits on applications for shares, at the rate of Is. per share, in a proposed eee. company, whose object was the locking of the river Darling. 'The greatet

OF AUSTRALIA.

this money having been expended by the provisional directors of the H. 4 company on preliminary expenses in respect of surveys and other 'vith a view to the formation of the company, and a special Act of