Lustre Hosiery Limited v York [1935] HCA 71

Lustre Hosiery Limited v York [1935] HCA 71

The defendant's statements and conduct did not amount to an admission possessing sufficient probative force to establish the plaintiff's claim. While such admissions may be admissible, the evidence here did not reach the threshold to support a verdict, as the defendant did not acknowledge owing the sum in question but rather disputed the figures and relied upon previous statements.

Parties
Plaintiff: Lustre Hosiery Limited; Defendant: Henry Herbert York
Jurisdiction
Australia
Procedural Posture
Civil / Appeal From Supreme Court of New South Wales (full Court); Judgment of Nonsuit Entered
Outcome
Appeal dismissed with costs; judgment of nonsuit entered for defendant
Legal Topics
Admissions, Del Credere Agency, Probative Value of Admissions
Evidence Contract Admissions Del Credere Agency Probative Value of Admissions

Case Brief

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Parties

Lustre Hosiery Limited

Plaintiff

Henry Herbert York

Defendant

Procedural Posture

Civil / Appeal From Supreme Court of New South Wales (full Court); Judgment of Nonsuit Entered

Legal Issues

  1. 1 Whether statements or conduct by a party amount to an admission receivable in evidence against them regardless of personal knowledge
  2. 2 Whether the defendant made an admission sufficient to establish plaintiff's claim

Ratio Decidendi

The defendant's statements and conduct did not amount to an admission possessing sufficient probative force to establish the plaintiff's claim. While such admissions may be admissible, the evidence here did not reach the threshold to support a verdict, as the defendant did not acknowledge owing the sum in question but rather disputed the figures and relied upon previous statements.

Court Disposition

Appeal dismissed with costs; judgment of nonsuit entered for defendant

Orders

  • Order for a new trial discharged
  • Judgment of nonsuit entered in favour of the defendant