Menard v Horwood & Co Ltd [1922] HCA 39; (1922) 31 CLR 20 (12 September 1922)

HIGH COURT OF AUSTRALIA

Menard and Another Petitioners, Appellants; and Horwood and Company Limited Respondent, Respondent.

H C of A

On appeal from the Supreme Court of New South Wales.

12 September 1922

Knox C.J., Gavan Duffy and Starke JJ.

Innes K.C. (with him Wickham), for the appellants.

Leverrier K.C. and Bonney, for the respondent, were not called on.

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

Knox C.J.,

Gavan Duffy and Starke JJ.

We all think that the Chief Judge in Equity came to the right conclusion in this case, and we agree with and adopt his reasons for coming to that conclusion.

Appeal dismissed with costs.

Solicitors for the appellants, Minter, Simpson & Co.

Solicitors for the respondent, Sly & Russell.