Trivett v McDonald [1919] HCA 7; (1919) 26 CLR 156 (11 April 1919)

HIGH COURT OF AUSTRALIA

Trivett and Another Appellants; and McDonald and Another Respondents.

H C of A

On appeal from the Supreme Court of New South Wales.

11 April 1919

Griffith C.J., Barton and Rich JJ.

Alec Thomson, for the appellants.

Blacket K.C. (with him Watt and Bathgate), for the respondents, moved to rescind the special leave to appeal.

Alec Thomson.

Blacket K.C. and Watt and Bathgate were not called upon.

Griffith C.J.

The Supreme Court came to their decision on authority. I agree with it, and would have come to the same decision independent of authority. The section deals with an offence, and in my opinion the Supreme Court were right in coming to the conclusion they did.

Barton J.

I concur.

Rich J.

I concur.

Appeal dismissed with costs.

Solicitor for the appellants, J. V. Tillett, Crown Solicitor for New South Wales.

Solicitor for the respondents, J. B. Moffatt.