Bennett v Colonial Sugar Refining Co Ltd [1911] HCA 41; (1911) 13 CLR 321 (11 September 1911)

HIGH COURT OF AUSTRALIA

Bennett Defendant, Appellant. and Colonial Sugar Refining Company Limited Complainant. Respondents.

H C of A

On appeal from the Supreme Court of Queensland.

11 September 1911

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

Ryan, for the appellant.

C.J. Griffith delivered the decision of the Court.

Griffith C.J.

We agree with the decision of the Supreme Court so far as regards the validity of the agreement—that the facts that the agreement was made by a joint-stock company and was terminable at the will of the company do not take it out of the provisions of the Masters and Servants Act 1861.

The other point sought to be raised, whether the magistrate's finding that the defendant had reasonable cause for refusing to fulfil his agreement should stand, depends upon the particular facts and the history of the proceeding. Without expressing any opinion as to the correctness of the opinions of the Judges of the Supreme Court it is only necessary to say that the question raised is not one of sufficient importance to justify the granting of special leave to appeal.

Special leave to appeal refused.

Solicitor, W. R. Scott for N. Foster, Childers.