Fieman v Balas [1930] HCA 39; (1930) 47 CLR 107 (29 October 1930)

HIGH COURT OF AUSTRALIA

Fieman Plaintiff, Appellant; and Balas and Others Defendants, Respondents.

H C of A

On appeal from the Supreme Court of Victoria.

29 October 1930

Isaacs C.J., Gavan Duffy, Rich, Starke and Dixon JJ.

D. Claude Robertson, for the appellant.

Walker, for the respondent Balas.

Robert Menzies K.C. and Reynolds, for the respondents Forsyth and Summons.

The Court delivered the following judgment:—

Oct. 29, 1930

Isaacs C.J.,

Gavan Duffy, Rich, Starke and Dixon JJ.

This appeal must be dismissed. So long as the verdict stands the judgment is correct. In view of the authorities cited we cannot alter the verdict. The judgment must stand. This order is without prejudice to any application that may be made to the Supreme Court for a new trial. Appellant to pay the costs.

Appeal dismissed accordingly.

Solicitors for the appellant, Loughrey & Douglas.

Solicitor for the respondent Balas, J. H. S. Campbell.

Solicitors for the respondents Forsyth and Summons, Seton Williams & Heathfield.