Lucas v Hawkes [1920] HCA 59; (1920) 28 CLR 266 (24 September 1920)

HIGH COURT OF AUSTRALIA

Lucas Defendant, Appellant; and Hawkes and Others Plaintiffs and Defendants, Respondents.

H C of A

On appeal from the Supreme Court of South Australia.

24 September 1920

Knox C.J., Isaacs and Rich JJ.

O'Halloran, for the appellant.

Von Doussa, for the respondent trustees,

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

Knox C.J.,

Isaacs and Rich JJ.

After hearing the arguments in this case, in which Mr. O'Halloran has put before us everything that can be said, we are all of opinion that the judgment of Murray C.J. was correct, for the reasons which he gave. We think, therefore, that the appeal should be dismissed. In view of the fact that the appeal is a friendly one and by arrangement, we order that the costs of all parties as between solicitor and client be paid out of the estate.

Appeal dismissed. Costs of all parties as between solicitor and client to be paid out of the estate.

Solicitor for the appellant, T. S. O'Halloran.

Solicitor for the respondents, L. von Doussa.