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1919 Supreme(SC) 22

Theodore and another – Appellant
Versus
Duncan and another – Respondent


Advocates Appeared:
Freshfields , M. Macnaghten, F. Russell , Upjohn, Giveen, Micklethwait , Queensland, J.T. Ryan , Dawes and Sons., Leese, John Simon

Viscount Haldane:-

The question for decision on these appeals are of public interest. They relate to the interpretation of legislation of the State of Queensland, passed for war purposes, and to the action of the executive government under the statutes so passed.

The respondents, who were plaintiffs, in the Court of first instance, claimed damages for trespass and detinue by reason of the enforcement of certain Proclamations (dated November 12, 1915, and June 1, 1916) alleged to have been unlawful. The actions were tried before the Chief Justice of Queensland and a jury. The plaintiffs obtained a verdict and judgment for £. 2,900, afterwards by agreement reduced to £. 2,000. The defendants appealed to the Full Court of Queensland, which set aside the judgment at the trial and entered judgment for the defendants. The plaintiffs then appealed to the High Court of Australia, and that Court by a majority, reversed the judgment of the Full Court of Queensland, and directed judgment to be entered for the plaintiffs, the present respondents for the agreed amount of damage.

In order to make plain the nature of the questions which have arisen, questions about which there has been great diverge












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