Ruse v Bank of Australasia [1917] HCA 57; (1917) 24 CLR 17 (30 October 1917)

HIGH COURT OF AUSTRALIA

Ruse Plaintiff, Appellant; and The Bank of Australasia Defendant, Respondent.

H C of A

On appeal from the Supreme Court of Western Australia.

30 October 1917

Isaacs, Gavan Duffy and Rich JJ.

Draper K.C. (with him Stone), for the appellant.

Pilkington K.C. (with him Cox), for the respondent.

Isaacs, Gavan Duffy and Rich JJ.

The majority of the Court (Isaacs J. and Rich J.) being of opinion that the matter as it stood had not been sufficiently determined, the case was ordered to be remitted to the Supreme Court with power to make any amendments in the pleadings that on application the Judge might think conducive to justice; and, by consent, the Supreme Court was to have power to admit as evidence any statement made by Mr. Hutton, the deceased manager of the Kalgoorlie branch of the defendant Bank, to solicitors or in the course of duty, which that Court might, in its discretion, think ought in the circumstances to be admitted. The costs of the first trial and of the appeal were to be costs in the cause.

Case remitted accordingly.

Solicitors for the appellant, Stone & Burt.

Solicitors for the respondent, Haynes, Robinson & Cox.