FILIOS V. MORLAND
- Status
- Judgment
- Jurisdiction
- Australia
- Posture
- Appeal / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The appeal is dismissed as the sole ground was already determined adversely to the appellant in Dairy Farmers Co-operative Milk Company v. Aquilina, and no reason is shown to depart from that earlier decision.
Court disposition
Appeal dismissed with costs
Orders
- Appeal dismissed with costs
02
Material facts
Parties
Filios
AppellantMorland
Respondent03
Procedural history
Posture
Appeal / Judgment
04
Questions and positions
Legal issues
Whether the ground of appeal considered in Dairy Farmers Co-operative Milk Company v. Aquilina should lead to a different outcome in the present case
Party arguments
- Applicant
- The appellant pressed the sole ground of appeal previously considered by the Court in Dairy Farmers Co-operative Milk Company v. Aquilina.
- Respondent
- The respondent relied on the previous decision and the reasons given by the Full Court of the Supreme Court of New South Wales.
05
Court’s reasoning
Legal principles
- 01
Dairy Farmers Co-operative Milk Company v. Aquilina 37 A.L.J. Reports p.308 at p.310
The High Court will follow its prior decisions and affirm lower court judgments when no reason is shown to depart from them on the relevant ground.
06
Ratio, limits and disposition
Ratio decidendi
The appeal is dismissed as the sole ground was already determined adversely to the appellant in Dairy Farmers Co-operative Milk Company v. Aquilina, and no reason is shown to depart from that earlier decision.
Court disposition
Appeal dismissed with costs
- Appeal dismissed with costs
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
Court record
Judgment
TR TO ERT AF
IN THE HIGH COURT OF AUSTRALIA
FILIOS
em rT oS TT A
REASONS FOR JUDGMENT
'A.C. rooks, Government Printer, Melbourne 0.7630/60
FILIOS
MORLAND
Appeal dismissed with costs.
FILIOS
ve
MORLAND
JUDGMENT JUDGMENT OF THE COURT
BARWICK C.J.
TAYLOR Je. MENZIES J. WINDEYER J.
FILLOS
ve
MORLAND
In the reported case of Dairy Farmers Co-operative Milk Company v. Aquilina in 37 A.L.J. Reports p.308 at p.310
this Court has already passed upon the sole ground of appeal now pressed in this case. The Court there expressed its agreement with the decision of the Full Court of the Supreme Court of New South Wales in that case on the ground now raised. The Court sees no reason to depart from the decision it formerly gave. It is satisfied to dismiss this appeal and to affirm the judgment below in respect of the only ground of appeal now supported by the appellant, and to do so for the reasons which were given on that point in the Supreme Court.
The appeal will be dismissed with costs.
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