Watkins v Combes [1921] HCA 24; (1921) 29 CLR 317 (31 May 1921)

HIGH COURT OF AUSTRALIA

Watkins and Another Defendants, Appellants; and Combes and Another Plaintiffs, Respondents.

H C of A

On appeal from the Supreme Court of Tasmania.

31 May 1921

Knox C.J., Higgins and Rich JJ.

Gregory (Hoggins with him), for the appellants.

L. L. Dobson for the respondents.

Knox C.J.

We are all of opinion that there is a fatal defect as to parties.

The following consent order was subsequently made:—

The appellants by their counsel undertake not to deal with the land in question or to register or procure to be registered any document in existence relating thereto for one month after the granting of probate to enable the plaintiffs to take proceedings, and to consent to the extension of the caveat for that time, the intention being that the status quo as to the land shall be preserved for that time. The appellants undertake also to speed the application for probate on the plaintiffs' undertaking to procure the withdrawal of the caveat against probate and to pay the taxed costs of an unopposed application for probate as from this date. The plaintiffs undertake to indemnify Daniel Watkins against payment of any probate duty, but if the transfer to Daniel Watkins and his wife ultimately takes effect any duty payable in respect of the land transferred is not covered by this indemnity. On these undertakings appeal allowed, suit dismissed, parties to pay their own costs in the High Court and the Supreme Court.

Solicitors for the appellants, Hollow & Haughton for C. D. Hoggins, Hobart.

Solicitors for the respondents, Dobson, Mitchell & Allport, Hobart.