Tracey v Madden [1908] HCA 54; (1908) 7 CLR 143 (31 August 1908)

HIGH COURT OF AUSTRALIA

Tracey Defendant, Appellant and Madden Plaintiff, Respondent.

H C of A

On appeal from the Supreme Court of New South Wales.

31 August 1908

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

Windeyer, for the applicant.

Griffith C.J.

The Supreme Court thought there was a question of fact to be left to the jury. We think it quite clear that there was such a question. Giving the fullest weight to the argument of Mr. Windeyer, still we think there was a question of fact to be left to the jury, and, therefore, that special leave should be refused.

Special leave refused.

Solicitor, for the applicant; L. L. Hogan, by Collins & Mulholland.