Norton v Hoare [1913] HCA 58

17 C.L.R.] OF AUSTRALIA. 347

claim be amended in manner proposed by the plaintiffs #- © and assented to by the defendants in the agreement ; above mentioned and to enable the said Supreme Court ee to make such order as to such amendments and upon Foe the counterclaim if amended and as to any further Norte pleadings (including demurrer) in reply to the proposed Mu

amended defence thereto as to the said Court shall seem Lrserrey

v. proper. Brox

(3) Declare that in the event of the defendants being finally pare Phd held to be entitled to recover damages upon the counter- Mixtxe Co., claim this appeal shall be taken to have failed within the yx alte meaning of the order of this Court dated 1st September = ——~ last past.

(4) That the costs of the swit and the costs of the counter- claim incurred up to the date of this order shall be paid by the plaintiffs to the defendants and that the future costs

of and incidental to the counterclaim and of all further

proceedings in connection therewith be paid as may be directed by the said Supreme Court.

(5) That the appellants pay to the respondents the costs of this appeal including the extra costs as ordered by this Court on Ist September last past.

Solicitor, for the appellants, J. R. Edwards, Broken Hill, by Minier, Simpson & Co. Solicitor, for the respondents, W. A. Freeman, by Blake & Riggall.

B.L.

348 HIGH COURT [1913..

(HIGH COURT OF AUSTRALIA.]

NORTON . A 3 . . . . . APPELLANT; DEFENDANT, AND HOARE ° : : f ' 3 ' . RESPONDENT. PLAINTIFF, [No. 2]. ON APPEAL FROM THE SUPREME COURT OF VICTORIA. H.C. or A. Practice—High Court—Appeal from Supreme Court of State—Leave to appeal— 1913. Interlocutory order—Grounds for refusal. —

Practice — Discovery — Interrogatories—Libel action—Application of defamatory

Sypney, ed i ola : words— Matters of public interest—A mended interrogatories—Contents of docu- oes e ment, Barton A.C.J.