Perpetual Trustee Co Ltd v Stockton Municipal Council [1913] HCA 59; (1913) 17 CLR 62 (27 November 1913)

HIGH COURT OF AUSTRALIA

The Perpetual Trustee Company Limited Appellants; and The Council of the Municipality of Stockton Respondents.

H C of A

On appeal from the Supreme Court of New South Wales.

27 November 1913

Barton A.C.J., Isaacs, Gavan Duffy, Powers and Rich JJ.

R. Windeyer, for the applicants.

The judgment of the Court was delivered by

Barton A.C.J.

We do not think this application can be granted. We have given due consideration to the judgment of the Supreme Court in Ex parte Bolton[1], and not only do we think that there is no sufficient ground shown for doubting its correctness, but we think that it is clearly right. There can be no foundation for this attempt to have it overruled, and the application fails.

Application for special leave to appeal refused.

Solicitor, for the applicants, Frank A. Davenport.

[1] 13 S.R. (N.S.W.), 379.