Remington v Welsbach Light Company of Australasia [1914] HCA 54; (1914) 19 CLR 237 (5 October 1914)

HIGH COURT OF AUSTRALIA

Remington and Another Defendants, Appellants; and Welsbach Light Company of Australasia Plaintiffs, Respondents.

H C of A

On appeal from the Supreme Court of Victoria.

5 October 1914

Griffith C.J., Gavan Duffy, Powers and Rich JJ.

Schutt (with him Owen Dixon), for the appellants.

Mann (with him Lowe), for the respondents.

The judgment of the Court was delivered by

Oct. 5

Griffith C.J.

There is no question of law in this case, but the questions for decision are mere questions of fact, as to which the functions of the Court are analogous to those of a jury. Having considered the evidence, the Court is of opinion that the respondents are entitled to retain the injunction, but that they are not entitled to the damages awarded to them.

Appeal dismissed. Judgment appealed from varied by omitting award of damages. Appellants to pay costs of appeal.

Solicitors, for the appellants, Woolcott & Drysdale.

Solicitors, for the respondents, Hodgson & Finlayson.