High Court of Australia
146 HIGH COURT
H.C. or A. been no difficulty in sending instructions to either place, as the sone point involved is not at all difficult. There is no more hardship McLavenuiw in compelling the applicants to do this than there is in making
Dany country solicitors send instructions to their city agents to make
TeLecRarn an application in Chambers. As the defendants had an oppo Newsparer
Co. Lrv. tunity of making these applications in good time, and chose not MeLauenttx to do so, I shall follow the practice as to such matters followed in
Vaneor appeals in England. I hold that the applications are too late Green Both applications are therefore dismissed with costs, but no costs - Uxp. of affidavits will be allowed on either side. As in my opinion thi Rings inatter was a simple one, the fees of one counsel only will be
allowed.
Attorney for Vale of Clwydd Coal Mining Co., Mark: Mitchel
Attorneys for Daily Telegraph Newspaper Co., Lawrence and Lawrence.
Attorney for J. McLaughlin, W. Morgan.
(HIGH COURT OF AUSTRALIA.]
MOUNTNEY 4 - i . 3 f APPELLANT; PLAINTIFF, aND 7 SMITH . 5 é e ' Zs 2 6 RESPONDENT.
DEFENDAN?.
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
H.C. or A, Negligence—Dangerous state of premises—Injury to customer—Invitation by owner—
1904. Scope of servant's authority—Direction by servant—Evidence—Liguor Act ( eee) 18 of 1898) sec. 24. meee It is the duty of an hotelkeeper to inform customers of the p
lavatories which by sec. 24 of the Liquor Act (No. 18 of 1898) he is bound
Griffith, C.J., provide. Barton and" PI
O'Connor, JJ. A servant representing his employer in any department of the employ
business, has an implied authority to give customers who deal with the employ
1C.LR.] OF AUSTRALIA.
"to give his customers in that department.
The plaintiff, who had a drink at an hotel bar, asked the barmaid to direct ; him to the lavatory, which she did. Following her directions he went to a 'portion of the premises, where, looking for the lavatory, he fell down an unguarded lift-well and was injured, In an action against the hotelkeeper for negligence :
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