Harris v Minister for Public Works (NSW) [1912] HCA 56

4 CLR] OF AUSTRALIA. 721

iability set up until a particular event happened and it was H. C. or A. erefore part of the plaintiff's case to show that that event had ae appened by non-payment of an instalment. A plea of payment garpwern f the instalment in such a case is not a plea in confession and pasa woidance, but a traverse of the performance of a condition pre- CopsteprcK. dent. The provision of the Local Cowrts Act had therefore no pplication and the decision of the Supreme Court was quite 'ight. In sec. 108 of that Act the word " transaction" applied to e case of an action of debt includes the whole transaction up to he time when the objection to pay arises. Under the Statute he mere appearance puts all that in issue. Leave to appeal must be refused.

Leave to appeal refused.

Solicitor, for the appellants, #. #. Cleland. BL.

(HIGH COURT OF AUSTRALIA.|

HARRIS. ', 5 Hd i i d ' APPELLANT ; PLAINTIFF,

AND

THE MINISTER FOR PUBLIC WORKS ) (NEW SOUTH WALES) ' m sal RESPONDENT,

DEFENDANT. H.C. or A.

1912, ON APPEAL FROM THE SUPREME COURT OF mae:

NEW SOUTH WALES. eesuat Land—Resumption by Crown—Action to determine value—City property—Bvidence AMd- 29 30, of value—Valuations made several years before resumption—Sales of similar

land—Lands for Public Purposes Acquisition Act 1880 (N.S. W.) (44 Viet. Gritith C1, No. 16). Isaacs JJ.

VoL, XIV. 46

H.C. or A.

1912. eon

Harris v. Minister ror Pupric Works W.)

HIGH COURT 1912.

In an action to determine the value of certain land resumed by the Crown in 1910 under the Lands for Public Purposes Acquisition Act 1880, an affidavit sworn by the plaintiff in 1897, containing a statement of the value at that time, was tendered in evidence by the defendant and rejected. The Full Court having ordered a new trial on the ground that the evidence was

wrongly rejected,