Coulls v Bagot's Executor and Trustee Co Ltd

(1967) 119 CLR 460

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Between: Coulls
And: Bagot's Executor and Trustee Co Ltd

Court:

Judges: Barwick CJ
McTiernan J
Taylor J
Windeyer J
Owen J

Subject References:
Contract
Indemnity and Contribution
Equity

Hearing date: Adelaide, 29 and 30 September 1966
Judgment date: 21 March 1967

Sydney

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ORDER

Leopold Perrin Coulls v. Bagot's Executor and Trustee Co. Ltd. and others.

Appeal allowed with costs. Declaration and orders of the Supreme Court of South Australia set aside and in lieu thereof declare that the respondent O'Neil Construction Pty. Ltd. is entitled and bound to pay the royalties payable under the agreement dated 1st July 1959, to the respondent executor. Costs of all parties in the proceedings in the Supreme Court and of this appeal out of the estate of the testator, those of the executor as between solicitor and client.

Bagot's Executor and Trustee Co. Ltd. v. Doris Sophia Coulls (Two appeals).

Appeals dismissed with costs.

Doris Sophia Coulls v. Bagot's Executor and Trustee Co. Ltd. and others.

Appeal allowed with costs. Order of the Supreme Court of South Australia set aside and application under Testator's Family Maintenance Act, 1918-1943, remitted to Supreme Court for further hearing. Costs of the first hearing to abide the order for costs on the re-hearing.