Sydney Morning Herald (NSW : 1842 - 1954), Monday 16 April 1923, page 7


LAW REPORT

BANCO JURY COURT.

(Before Sir Wm. Cullen, C.J., and jury.)

A PICTURE PLAY CONTRACT.

Shirley v Higgins.

The plaintiff in this action, Arthur Shirley, an actor, sued Ernest Henry Higgins claim-ing £1000 compensation for alleged breach of an agreement, and for teh detention of certain films and plates in connection with a projected motion picture production entitled "The Throwback" or "The Comeback," Plaintiff stated that it was agreed between 'them that the defendant should carry out the photographic part of the picture, and he Crilalntiff) should perform his part in the acting essential to its completion, in accordance with a term in the contract, and that all moneys necessary for the preparation and production of the picture should be provided by the defendant, to a maximum amount of £000. There were other provisions in the contract referring to the division of profits, etc., and defendant complained that while he was always ready and willing to perform the contract on his part, the defendant failed to carry out his undertaking. Defendant, filed a detailed defence denying the plaintiff's allegations and alleging that the arrangement made between them had been departed from by the plaintiff without his (defendant's) consent In writing. Mr. Mack, K.C., and Mr. Collins (instructed by Messrs. Slade and Traill) appeared for the plaintiff; and Mr. Windeyer, K.C., and Mr. Jaques (instructed by Mr. R. J. M. Foord for the defendant.

The jury returned a verdict for the defendant.