Gordon v Australian & New Zealand Theatres Ltd; Murphy v Same; Vernon v Same [1940] NSWStRp 20; (1940) 40 SR (NSW) 512 (3 June 1940)

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Resource Text: Law Report
Title Gordon v Australian & New Zealand Theatres Ltd; Murphy v Same; Vernon v Same [1940] NSWStRp 20; (1940) 40 SR (NSW) 512 (3 June 1940)
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Abstract/Description The defendant company agreed to employ the several plaintiffs as theatrical artists for a fixed period. The agreements contained a provision that, " in the event of any outbreak of war •. . . which in the opinion of the company render it necessary or expedient to suspend, postpone or abandon the tour, .... the company may terminate this tagreement .... " The company purported to terminate the agreements on the ground of the outbreak of war. HeM (by Jordan C.J. and Bamn J., Davidson J. dubitante), that, upon the true construlltion of the agreements, the onus was on the defendant to prove that the termination of the agreements was made by a proper exercise of the power given by that provision.
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Date Issued 3 June 1940
Holding Institution Australasian Legal Information Institute
Language English
Citation Supreme Court of New South Wales, Gordon v Australian & New Zealand Theatres Ltd; Murphy v Same; Vernon v Same [1940] NSWStRp 20; (1940) 40 SR (NSW) 512 (3 June 1940) , Australasian Legal Information Institute, 3 June 1940
Data Set AusStage
Resource Identifier 58890