Craine v Soden

[1916] HCA 82

21 CLR 268

ON APPEAL FROM THE SUPREME COURT OF

Negligence--Evidence-Nonsuit. Decision of the Supreme Court of Victoria reversed on the facts. MELBOURNE,

14. APPEAL from the Supreme Court of Victoria.

An action was brought in the Supreme Court by William Henry Craine, by his next friend Thomas Craine, against Harry Ross Soden, claiming damages for injuries sustained by reason of the negligent management of a motor car driven by the defendant whereby the plaintiff was thrown down. The action was remitted to the County Court. At the trial, which was with a jury, the plaintiff was nonsuited on the ground that there was no evidence of negligence to go to the jury. An appeal to the Full Court was dismissed, and the plaintiff now appealed to the High Court.

The case turned wholly on the evidence. Schutt (with him Dixon), for the appellant. Starke (with him Lowe), for the respondent.

21 CLR 269

THE COURT allowed the appeal, holding that there was evidence to go to a jury.

Appeal allowed with costs. Order appealed

from discharged. Appeal to the Supreme Court allowed, with costs. Case to be reheard before a Judge of the Supreme Court. Costs in the County Court to abide the event of the rehearing. Solicitor for the appellant, W. S. Doria. Solicitors for the respondent, Cleverdon &Fay.

[HIGH COURT OF AUSTRALIA.] EVERINGHAM

THE MINISTER FOR LANDS (NEW SOUTH

ON APPEAL FROM THE SUPREME COURT OF

NEW SOUTH WALES. Crown Lands-Conditional purchase-Restrictions on alienation-Original con- H. C. OF

ditional purchase taken up after 1st February 1909-Acquisition as additional purchase by holder of original conditional purchase taken up before 1st February 1909-Subsequent alienation-Consent of Minister-Crown Lands Consolidation Act 1913 (N.S.W.) (No. 7 of 1913), secs. 267, 272.

Sec. 267 of the Crown Lands Consolidation Act 1913 (N.S.W.) provides that The holder of any conditional purchase by transfer one or more conditional purchases

(although a condition of residence may attach to such conditional purchases