The New South Wales Law Reports, 1880-1900, Volume 18C.F. Maxwell, 1897 - Law reports, digests, etc |
Common terms and phrases
A.H. Simpson action additional conditional purchase agreement alleged AMORA amount application Attorney authorised bank bankrupt bankruptcy Bankruptcy Act Bellambi Brewer C.J. Eq caveator charge cheque CHIEF JUSTICE claim Cohen Commissioners common law conditional lease contended contract costs Court of Equity creditors Crown Lands Act damages debt decision defendant deposit entitled Equity evidence fact G. B. SIMPSON granted Gregan ground Gunnedah held Honour income interest investing Judge judgment Julian Salomons jurisdiction jury Land Appeal Court Land Board liability Lingen Lodge mandamus matter ment mortgage notice objection offence official assignee opinion Owen owner paid parties payment person petition plaintiff prisoner Privy Council proceedings provides purpose question Railway reasonable referred respondent shareholders shares shew solicitor South Wales Stephen street sub-s suit Sydney taken testator transfer trust ultra vires vendor verdict W. E. Smith words
Popular passages
Page 316 - ... any other party to the submission, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may at any time after appearance, and before delivering any pleadings or taking any other steps in the proceedings, apply to that court to stay the proceedings, and...
Page 357 - Though the publication of such proceedings may be to the disadvantage of the particular individual concerned, yet it is of vast importance to the public that the proceedings of Courts of Justice should be universally known. The general advantage to the country in having these proceedings made public, more than counterbalances the inconveniences to the private persons whose conduct may be the subject of such proceedings.
Page 357 - A fair account of what takes place in a court of justice is privileged. The reason is, that the balance of public benefit from publicity is great. It is of great consequence that the public should know what takes place in court; and the proceedings are under the control of the judges. The inconvenience, therefore, arising from the chance of injury to private character is infinitesimally small...
Page 124 - ... a person may be guilty of stealing any such thing, notwithstanding that he has lawful possession thereof, if, being a bailee or part owner thereof, he fraudulently converts the same to his own use, or the use of any person other than the owner.
Page 73 - Those whose duty it is to administer the law very properly guard against giving to an Act of Parliament a retrospective operation unless the intention of the Legislature that it should be so construed is expressed in clear, plain, and unambiguous language...
Page 95 - In all these cases it may be said, as was said here, that the master had not authorized the act. It is true that he has not authorized the particular act, but he has put the agent in his place to do that class of acts...
Page 61 - IN the exercise of the powers given by the last foregoing section the company shall do as little damage as may be, and shall make full compensation to all bodies and persons interested for all damage sustained...
Page 48 - Chancellor in matters of lunacy, whereby any sum of money, or any costs, charges, or expenses shall be payable to any person, shall have the effect of judgments in the superior Courts of common law, and the persons to whom any such monies, or costs, charges, or expenses shall be payable, shall be deemed judgment creditors within the meaning of this Act...
Page 228 - ... did not exist. That is a proposition which their Lordships do not desire to dispute; but the questions whether a particular intent is made an element of the statutory crime, and, when that is not the case, whether there was an absence of mens rea in the accused, are questions entirely different and depend upon different considerations.
Page 5 - It is material to observe that it is often fallaciously assumed that a statement of opinion cannot involve the statement of a fact. In a case where the facts are equally well known to both parties, what one of them says to the other is frequently nothing but an expression of opinion. The statement of such opinion is in a sense a statement of a fact, about the condition of...