High Court of Australia
106 HIGH COURT (1915.
my brother Isaacs, and I do not think that I can usefully add
anything to them.
Appeal allowed. Order appealed from dis- charged.
Ospor
By consent the hearing of an appeal by the appellant from an adjudication of hankruptey which had followed upon the bank- ruptey notice was ordered to be expedited and to be heard instanter.
Per Curtam. The appeal will be allowed.
Appeal allowed. Adjudication set aside.
Solicitor for the appellant, J. M. Proctor.
Solicitor for the respondents, #. W. Warren. B. L.
{HIGH COURT OF AUSTRALIA.)
CARNARVON ELECTRIC LIGHT AND POWER CO. LTD. : } eee DEFENDANTS,
AND
BOOR x. Z . , 4 ' RESPONDENT, PLAINTIFF,
ON APPEAL FROM THE SUPREME COURT OF TERN AUSTRALIA. é
H.C. or A. 2 igi, Pretice High Court—A peal from Supreme Court of a State—Special leave
Supply of Electricity—Implied Contract —Breach—Blectric Lighting Act 1892 i. (W.A.) (55 Vict. No. 33), secs, 2, 29. October 21
See. 29 of the Mlectrae Lighting Act 1892 (W.A.) provides that " Where a
Grinch 0.2. supply of electricity is provided in any locality for private purposes, all
and Rich JJ persons within such locality shall on application be entitled to a supply on
21 C.L.R.) OF AUSTRALIA.
the same terms as the terms on which any other person in such locality is H.C. or A.
ander similar circumstances entitled to a corresponding supply."
In an action brought against an electric light and power company for ¢ damages for breach of contract and statutory obligation to supply the plaintiff with electric current in respect of certain premises, the presiding Magistrate, who awarded the plaintiff damages, held that there was an implied contract between the parties for the supply of current by the defen- dants to the plaintiff, and that there had been a breach of such contract by the defendants. The Supreme Court of Western Australia, on appeal, upheld the decision of the Magistrate. On application to the High Court for special leave to appeal from the decision of the Supreme Court,
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