Silk Bros Pty Ltd v State Electricity Commission of Victoria

67 CLR 1

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Silk Bros Pty Ltd
v State Electricity Commission of Victoria

Court:

Judges: Latham CJ
Rich J
Starke J
McTiernan J
Williams J

Hearing date: MELBOURNE 15 March 1943; 16 March 1943; 17 March 1943; SYDNEY 8 April 1943;
Judgment date: 8 April 1943

Sydney

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ORDER

Appeal allowed.

Action dismissed with costs, including costs in the Supreme Court. Let an inquiry be made if so required by defendant and at its risk as to costs, whether the defendant has sustained any and what damages by reason of defendant's undertakings not to disturb the plaintiff's possession, and which the plaintiff ought to pay according to its undertakings given herein, and in case it shall appear that any damage has been sustained, let the plaintiff pay to the defendant within one month of the registrar's certificate, to be made pursuant to this order, the amount which shall be certified for such damages. Reserve for the consideration of the Chief Justice the costs of such inquiry and remit cause accordingly.