Harvey v Edwards, Dunlop and Co Ltd

(1927) 39 CLR 302

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(Judgment by: Isaacs J)

Harvey
vEdwards, Dunlop and Co Ltd

Court:

Judges: Knox CJ

Isaacs JHiggins J
Gavan Duffy J
Starke J

Legislative References:
Instruments Act 1915 (Vic) - s 228

Case References:
Stokes v Whicher - (1920) 1 Ch 411
Macrory v Scott - 5 Exch 396

Hearing date: 18, 21 March 1927
Judgment date: 13 April 1927

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Judgment by:
Isaacs J

I have had the opportunity of seeing the joint judgment of the Chief Justice and Gavan Duffy and Starke, JJ. In the view taken by my learned brothers it would be futile to offer any opinion as to whether the agreement was within s 228 of the "Instruments Act 1915."

As to whether there is by internal connection a sufficient memorandum within that section, I have doubts. But as my opinion in the circumstances would not affect the result, and as in this case I am sure no injustice can be caused by deciding the second question in the affirmative, I do not feel constrained to consider the matter further.