Kilminster v Sun Newspapers Ltd [1931] HCA 37; (1931) 46 CLR 284 (23 November 1931)

HIGH COURT OF AUSTRALIA

Kilminster Plaintiff, Appellant; and Sun Newspapers Limited Defendant, Respondent .

H C of A

On appeal from the Supreme Court of New South Wales.

23 November 1931

Gavan Duffy C.J., Starke, Dixon and McTiernan JJ.

Watt K.C. (with him Windeyer ), for the appellant.

E. M. Mitchell K.C. (with him Cook ), for the respondent.

Watt K.C., in reply.

The Court delivered the following judgment:—

Gavan Duffy C.J.,

Starke, Dixon and McTiernan JJ.

We are all of opinion that the provisions of clause 22 of the award merely mean that the employment shall not be put an end to unless notice as therein prescribed shall be given, and they do not interfere with the rights of the parties with respect to longer notice by contract or otherwise. The judgment of the Full Court must, therefore, be reversed and the appeal allowed. The plaintiff is entitled to judgment on both demurrers, and the defendant's demurrers are overruled. The defendant must pay the costs of these proceedings and in the Court below.

Appeal allowed. Judgment for plaintiff on demurrers.

Solicitors for the appellant, Marsland & Co

Solicitors for the respondent, Minter, Simpson & Co