Lord Justice Vaughan Williams : I have not observed any indication that you are, either of you, Masons. (Laughter.)
Sir F. Law.: I don't propose to give your lordship any either. (Laughter.) The society is in no way a Masonic society.
Lord Justice Farwell said he could understand the publication of a trade secret doing a person irreparable injury, but he could not see how any damage, irreparable or otherwise could be done by this publication.
Sir. F. Law : If it is done it will be irreparable because the cat will be out of the bag.
Lord Justice Vaughan Williams : But so much of the cat came out the bag in September. (Laughter.)
Lord Justice Farwell : And I think it is a dead cat. (Laughter.)
Sir. F. Law : Perhaps there is a second cat in the bag, my lord. (Renewed Laughter.) The defendant is publishing the article as an act of revenge for having been expelled.
Lord Justice Vaughan Williams : I see the plaintiff says he is "the earthly chief" of the order, and subject to the guidance of the "Spiritual Order"? (Laughter.)
Lord Justice Farwell : What is the "Spiritual Order"? (Laughter.)
Sir. F. Law.: I cannot go into it, my lord. It is clear the spiritual head would not be answerable for costs. (Laughter.)
Lord Justice Vaughan Williams thought the appeal ought to succeed, and the injunction be discharged. The plaintiff had delayed his action until just before the publication of the new number of the magazine, whereas he might have proceeded a month or six weeks ago, before printing began. He did not decide, however, on that ground alone, but he also thought that the publication could do the plaintiff no harm, in view of what appeared in the last number of "The Equinox".
Lord Justice Moulton agreed. He was satisfied that if there was any reality in the plaintiff's case, there was in the second number of the magazine such a breach and such a threat of continued breach that the plaintiff was in a position to assert his rights. He was of the opinion, however, that the plaintiff knew Mr. Crowley was the editor in November last, and that he would have had no difficulty then in brining his action in respect of breach and threatened breach. As a matter of fact, he let it go on till just before the third number had been issued, and then came and asked the court, before he had established any right, but merely on the possibility of having some right, which had been infringed, to give him the very serious remedy of an interim injunction to prevent publication. In his lordship's opinion he had not shown such promptitude in asserting his rights at a time when they could be effectively asserted as to justify the granting of an injunction now.
Lord Justice Farwell also thought the plaintiff had dis-entitled himself by his delay, and added that, having regard to what had appeared in the second number of "The Equinox" he did not think there was any possibility of irreparable damage being done to him if the third number was allowed to come out.
The appeal was accordingly allowed, with costs.
KINGS BENCH DIVISION.
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