Cox Brothers (Australia) Ltd v Cox [1934] HCA 16; (1934) 50 CLR 314 (31 May 1934)

HIGH COURT OF AUSTRALIA

Cox Brothers (Australia) Limited and Another Plaintiffs, Applicants; and Cox Defendant, Respondent.

H C of A

On appeal from the Supreme Court of Victoria.

31 May 1934

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

Tait, for the plaintiffs, in support of the motion.

Hogan, for the defendant, to oppose.

The Court delivered the following judgment:—

Gavan Duffy C.J.

Starke, Dixon, Evatt and McTiernan JJ.

In view of the authorities which have been cited we think the order giving the respondents leave to enter judgment is interlocutory. The application of the appellant to amend his notice of appeal should, we think, be refused and the application of the respondent to dismiss the appeal as incompetent should be granted with costs.

Appeal struck out.

Solicitors for the applicants, Henderson & Ball.

Solicitor for the respondent, J. Woolf.