Campbell v Webster Rometch Ltd [1918] HCA 3; (1918) 24 CLR 307 (20 February 1918)

HIGH COURT OF AUSTRALIA

Campbell Plaintiff, Appellant; and Webster Rometch Limited Defendants, Respondents.

H C of A

On appeal from the Supreme Court of Tasmania.

20 February 1918

Barton, Gavan Duffy, and Rich JJ.

L. L. Dobson (with him G. M. Johnstone), for the appellant.

C. S. Page, for the respondents.

The judgment of the Court, which was delivered by Barton J., was as follows:—

Barton, Gavan Duffy, and Rich JJ.

This is a case which, owing to causes the responsibility for which I do not wish to allocate in any particular way, has resulted in the Full Court upholding a verdict which cannot be supported, and it is a case which went to the jury in such a way that it was scarcely reasonable to expect them to arrive at a proper conclusion according to well known principles of law. I am distinctly of opinion that there has been a mistrial, that it was not in any sense a trial of the issues between the parties, and that the ends of justice have so been subverted.

We are all of opinion that the first appeal should be dismissed without costs, and that the second appeal should be allowed and a new trial ordered. The costs of the second appeal and of the proceedings in the Supreme Court should abide the event of the new trial.

Order accordingly.

Solicitors for the appellant, Crisp & Crisp.

Solicitors for the respondents, Page, Hodgman & Seager.