This case has minimal precedential value, being a brief dismissal of an appeal without disclosed reasoning, though it preserves the right to apply for a new trial in the court below.
Later decisions that cite Fieman v Balas
Fieman Plaintiff, Appellant; and Balas and Others Defendants, Respondents.
H C of A
On appeal from the Supreme Court of Victoria.
29 October 1930
Isaacs C.J., Gavan Duffy, Rich, Starke and Dixon JJ.
D. Claude Robertson, for the appellant.
Walker, for the respondent Balas.
Robert Menzies K.C. and Reynolds, for the respondents Forsyth and Summons.
The Court delivered the following judgment:—
Oct. 29, 1930
Isaacs C.J.,
Gavan Duffy, Rich, Starke and Dixon JJ.
This appeal must be dismissed. So long as the verdict stands the judgment is correct. In view of the authorities cited we cannot alter the verdict. The judgment must stand. This order is without prejudice to any application that may be made to the Supreme Court for a new trial. Appellant to pay the costs.
Appeal dismissed accordingly.
Solicitors for the appellant, Loughrey & Douglas.
Solicitor for the respondent Balas, J. H. S. Campbell.
Solicitors for the respondents Forsyth and Summons, Seton Williams & Heathfield.