High Court of Australia
H. C. or A. 1909, —
Brown v Honioway.
Isaacs J.
H. C. or A.
1910. ——
MeLzourne, March 1.
Griffith OJ., Barton, O'Connor, Isaacs and Higgins JJ.
HIGH COURT
Frederick Pollock in his work on Torts, 6th ed., p. 40, gives it as his opinion that such an action would doubtless be treated as an—
[1909.
action of contract if it became necessary for any purpose to assign
it to one or the other class.
Tagree that the appeal of the husband should be allowed.
Appeal of Agnes Brown dismissed. Appeal of Duncan Brown allowed.
Solicitors, for appellants, Atthow & McGregor. Solicitors, for respondent, Bouchard & Holland.
YOUNG AND REES.
Grnime
PEASE AND OTHERS
QUAINE
Ee Vras
4 ' Z . APPELLANTS;
AND
as . RESPONDENT.
5 . APPELLANTS;
RESPONDENT.
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Criminal law—Information—Conviction—Duplicity—No offence disclosed—Special leave to appeal to High Court—Industrial Disputes Act 1908 (N.S.W.) (No. 3
of 1908), secs. 42,* 45.
*Sec. 42 of the Industrial Disputes Act 1908 provides that :—
"Tf any person—
"(a) does any act or thing in the nature of a lock-out or strike, or takes part in a lock-out or strike, or suspends or discontinues employment or work in any industry ; or
"*(b) instigates to or aids in any of the above-mentioned acts,
"he shall be liable to a penalty not exceeding one thousand pounds, or in defanlt to imprisonment not exceeding two months :
" Provided that nothing in this sec- tion shall prohibit the suspension or discontinuance of any industry or the working of any persons therein for any cause not constituting a lock-out or strike."
10 C.L.R.] OF AUSTRALIA.
lll
Certain defendants were proceeded against in the Industrial Court of H. C. or A.
New South Wales upon informations charging them with instigating other persons '' to do an act in the nature of a strike, to wit, to discontinue work
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