Australia Judgment

FILIOS V. MORLAND

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Professional case brief

Research organized from the available case record

Source document

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

Appellant

Morland

Respondent

03

Procedural history

  1. 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

  1. 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

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

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.

Source wording is retained. Consult the source document for its original formatting and pagination.

Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Dairy Farmers Co-operative Milk Company v. Aquilina 37 A.L.J. Reports p.308

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