Dickens v Mulholland [1929] HCA 4; (1929) 41 CLR 397 (22 February 1929)

HIGH COURT OF AUSTRALIA

Dickens Informant, Appellant; and Mulholland Defendant, Respondent .

H C of A

On appeal from the Supreme Court of Victoria.

22 February 1929

Knox C.J. , Isaacs , Rich and Starke JJ.

Ham K.C. (with him Campbell ), for the appellant.

D. Claude Robertson , for the respondent.

Knox C.J.

I agree with the learned Chief Justice of the Supreme Court in upholding the decision of the Police Magistrate that on the facts of this case the proper conclusion was that the defendant was "plying for hire." The appeal will be allowed.

Isaacs, Rich and Starke JJ .

agreed.

Appeal allowed. Order nisi discharged with costs. Order of Supreme Court set aside with costs. The appellant to pay the costs of this appeal pursuant to the order giving leave to appeal.

Solicitors for the appellant, H. E. Elliott & Co

Solicitor for the respondent, William J. Fullerton.