A'Beckett v Backhouse [1907] HCA 18; (1907) 4 CLR 1334 (27 May 1907)

HIGH COURT OF AUSTRALIA

àBeckett and Another Defendants, Appellants; and Backhouse and Others Defendants and Plaintiffs, Respondents.

H C of A

On appeal from the Supreme Court of Victoria.

27 May 1907

Griffith C.J., O'Connor, Isaacs and Higgins JJ.

Mitchell K.C. (with him Guest), for the appellants.

Weigall K.C. (with him Moule), for the respondents, the four daughters.

Pigott, for the respondent trustees.

Griffith C.J.,

O'Connor, Isaacs and Higgins JJ.

Per Curiam. The appellants giving the undertaking which has been mentioned, they may have special leave to appeal.

Special leave granted, on the appellants undertaking that in the event of the appeal being allowed they will not claim a refund of any moneys paid over by the trustees to any of the daughters after 7th March 1907 and before notice of this motion was given to them, if the Court on the hearing of the appeal should think it just that such moneys should not be refunded, and also to indemnify the trustees against any payments properly made by them under the order, also to give notice of appeal within 7 days, and security for costs of the appeal within 7 days from notice of appeal.

Solicitors, for appellants, Snowden, Neave & Demaine, Melbourne.

Solicitors, for respondents, Blake & Riggall; Hamilton, Wynne & Riddell, Melbourne.