Harris v Byerley [1918] HCA 34

25 C.L.R.] OF AUSTRALIA. 55

offered on oath to the Court, would be conclusive on the question H- ©. or A. 1918.

= on the subject from them or from any other person. The defence Josrrw

of the existence of necessity, but in this case we have no evidence

TAL SURER

of justification under the King's prerogative in time of war therefore fails. No argument was addressed to us on the quantum of damages. Bs Ls The verdict must stand, and the appeal should be allowed. ek

Appeal allowed with costs. Motion to Full Court of Supreme Court dismissed with costs and verdict for the plaintiff for £1,321 3s. 5d. restored.

Solicitors for the appellant, #. Prichard Bassett & Co., Sydney. Solicitor for the respondent, J. V. Tillett, Crown Solicitor for New South Wales.

B. L. [HIGH COURT OF AUSTRALIA] HARRIS . : i : 3 hs . APPELLANT; Derenpant, AND BYERLEY . . P i ; 5 : . ReEsPponpENT. PLAINTIFF,

ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND.

Contract—Construction—Agreement for services—Payment by commission on profits H. C. oF A.

—Auditor's or accountant's certificate as to profits—Arbitration clause—I nterdict 1918. Act 1867 (Qd.) (31 Vict. No. 11). ae, BrisBane,

A written contract by which B, agreed to manage H.'s businesses provided 7... 95 96 that payment for such services was to be by a fixed salary and a commission ae

on all net profits in excess of a certain sum, and that "for the purpose of Grifith C1. : iad javan Duffy,

computing the amount of the said commission and for all other purposes" 'Powers and

the balance-sheet or profit and loss account of the businesses prepared and ™°h 4

certified by H.'s auditor or accountant was to be conclusive and binding

H.C. oF A.

1918. ww

Harris v BYERLEY.

HIGH COURT " [1918.

on both parties. The agreement also contained a clause providing for arbitra- tion in accordance with the Interdict Act of 1867 (Qd.) in the case of any dispute or difference as to amount of remuneration, or as to the construction of the agreement, or as to any other matter or thing arising thereunder or in the