Summers v Commonwealth [1919] HCA 20; (1919) 26 CLR 180 (15 May 1919)

HIGH COURT OF AUSTRALIA

Summers Plaintiff, Appellant; and The Commonwealth Defendant, Respondent.

H C of A

15 May 1919

Barton, Powers and Rich JJ.

Walker (with him Owen Dixon), for the appellant.

Morley, for the respondent.

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

Barton, Powers and Rich JJ.

There is no necessity for a long judgment in this case. The appellant is ready to stand or fall on the interpretation of the contract. There has been full argument in the endeavour to show that the construction placed upon it by Isaacs J. is wrong. It is enough, in our judgment, to say that we entirely concur in the way in which the learned Judge interpreted the contract.

So far as any question of fact independent of the contract is concerned, the plaintiff cannot succeed except by showing that the findings against him are wrong, and there is no substantial reason shown to us for coming to that conclusion. Indeed, we do not see that any finding of fact was seriously attacked. I ought to add that the appellant has limited himself to the question of the contract, and, therefore, we have no concern with the sum of £25 awarded to the plaintiff Mrs. Peterson on the alternative claim, or with the allowance of one shilling damages on the counterclaim.

The appeal must be dismissed with costs.

Appeal dismissed with costs.

Solicitor for the appellant, J. W. Dixon.

Solicitor for the respondent, Gordon H. Castle, Crown Solicitor for the Commonwealth.