Howard Smith & Co Ltd v Varawa [1910] HCA 30; (1910) 10 CLR 607 (17 June 1910)

HIGH COURT OF AUSTRALIA

Howard Smith & Co. Limited Defendants, Appellants; and Varawa Plaintiff, Respondent.

H C of A

On appeal from the Supreme Court of Victoria.

17 June 1910

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

Mitchell K.C. (with him Starke), for the defendants.

Duffy K.C. and L. Woolf, for the plaintiff

Griffith C.J.,

O'Connor, Isaacs and Higgins JJ.

Per curiam. Leave to appeal must be refused. The granting of a stay was a matter entirely within the discretion of the learned Judge. It is only in very exceptional circumstances that leave to appeal will be granted in such a case.

Special leave to appeal refused.

Solicitors, for defendants, Hedderwick, Fookes & Alston.

Solicitor, for the plaintiff, J. Woolf.