Waterside Workers' Federation of Australia v Burke [1916] HCA 3; (1916) 21 CLR 140 (16 February 1916)

HIGH COURT OF AUSTRALIA

The Waterside Workers' Federation of Australia Defendants, Appellants; and Burke Plaintiff, Respondent.

H C of A

On appeal from the Supreme Court of Tasmania.

16 February 1916

Griffith C.J., Barton and Isaacs J.

H. I. Cohen, for the appellants.

Alec Thomson and Page, for the respondent.

Feb. 16

Griffith C.J.

This is an appeal from an order granting a new trial after a verdict for the defendants. The action was brought against the appellants and four private persons for conspiracy to prevent the plaintiff from exercising his calling as a carter. The facts are identical with those in the case which we have just decided. The appellants contended, as in that case, that there was no evidence to show that the acts complained of were done with their authority. The facts being identical, the same result must follow. The appeal must, therefore, be allowed as far as the order appealed from affects the appellants.

Barton J.

I concur.

Isaacs J.

I concur.

Appeal allowed. Order appealed from discharged so far as it granted a new trial against the appellants, with costs of action and of motion to the Supreme Court. Respondent to pay the costs of the appeal.

Solicitor for the appellants, Charles Chant.

Solicitors for the respondent, Ewing, Hodgman & Seager.