Read the full judgment text of HCA 004547/1980 on BabelCite. This High Court CFI judgment.
1. In this case, in a most bizarre fashion, the trial of a so-called preliminary issue was listed before me. The preliminary issue was not in accordance with the form prescribed by known principles. If the preliminary issue had gone forward in this form, evidence would have been required and it would not have settled the case finally. However, due to the common sense of Counsel, this had been resolved by a waiver of procedural irregularities and the handing in of an agreed statement of facts and