R v Associated Northern Collieries [1910] HCA 61

738 HIGH COURT (1910.

H.C. or A. unfair a change, as bodily transferring all accrued rights to

1810, damages, limited only by the Statutes of Limitation and existing

Measures independently of the continuance of the obligation under which

MoFap: they arose, and of the land upon which they were originally secured. Isaacs J. 0 ra . Tam therefore of opinion there is no answer to the appellant's contention upon the first count. For the rest I quite agree with what has been said by the learned Chief Justice. Cons BPE Boar Appeal allowed. cn ARS ae pplaoger Appl Solicitor, for appellant, F. H. King. Ais eae i Solicitor, for respondent, Marshall & sili Gas Fite AIK - Me 4p shoe . ele bis po Appl fie Cc. E. W. Je Atlee: ae Bee ic dine dar 3) eae GeyTeCR Hi ee oe at Apel NBL y asic Hithy ase 2 Ge Bias | as Gg" GRRE. Se Mtn | eRe? Secunties {Good} 35

ities y Kei eo i Oel [HIGH COURT OF AUSTRALIA.] THE KING . e , . 4 r . PLAINTIFF ;

AND

THE ASSOCIATED NORTHERN } . DEFENDANTS.

COLLIERIES AND OTHERS

H.C. or A, Practice—Particulars—Ohject uf granting—Order against Crown—Discovery—Civil

1910. action for penalties—Action by Crown—Discovery of documents by defendant. as In any civil action to which the Crown is a party it is bound to the same ens 20, extent as any other litigant to give particulars. Nov. 7.

The object of granting particulars is that the opposite party shall always be Taskers fairly apprised of the nature of the case he is called upon to meet, and to guard against "surprise." But a party is not entitled to be told the mode by

which the case is to be proved against him.

| CLR.) OF AUSTRALIA.

Ina civil action for penalties, in the absence of statutory provision to the contrary, the plaintiff is not entitled to an order for discovery of documents against the defendant. This rule applies equally both to actions by the Crown and actions by a common informer.