Young v Tibbits [1912] HCA 23

H. C. or A. 1912. Kyrcar

w Kuicur.

Isaacs J.

oll Dallhold Investments lig) v Gold

H.C. or A. 1912.

Sypney,

HIGH COURT 91:

any one of those funds or branches, the class must be closed as to 4 that fund or branch, but it would be stretching the artificial rule to an unwarranted extent to close altogether the class in his favour though he had no present right to payment of another fund or branch of the fund. - ;

Appeal dismissed. Costs of all parties as between solicitor and client tobe paid — out of the estate.

Solicitors, for the appellants, Simmons, Crisp & Simmons; Roberts & Allport. 5

Solicitors, for the respondents, Dobson, Mitchell & Allport; : Simmons, Crisp & Simmons. ; BLd

(HIGH COURT OF AUSTRALIA.) j

YOUNG AND OTHERS . 4 : : . APPELLANTS;

DEFENDANTS,

AND ea

TIBBITS AND OTHERS . .. . _. RESPONDENTS.

PLAINTIFFS, :

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Principal and agent—Employment of agent—Claim for commission—Evidence— Effect of silence.

In an action by the plaintiffs claiming commission on a sale of the defen-_

April 17, 18, ants' property effected by the plaintiffs and in respect of which sale they

19; May 16.

Griffith O.4., Barton and Isaacs JJ.

- alleged they had been employed as agents by the defendants,

Held, by Grifith C.J. and Barton J. (Isaacs J. dissenting) that there was

no evidence fit to be submitted to a jury of such employment, the evidence

14 C.L.R.] OF AUSTRALIA.

showing only the employment of the plaintiffs by another agent of the H. C. or A.

defendants on the terms that the plaintiffs were to receive from that other agent one-half the commission which he received from the defendants.

Silence-is not evidence of an admission that a statement of fact is true unless there are circumstances which render it more reasonably probable that the person whom it affects would deny its truth than that he would be silent.