The Victorian Law ReportsPublished under the direction of the Council of Law Reporting by Charles F. Maxwell, 1923 - Law reports, digests, etc |
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Results 1-5 of 87
Page 62
... Jurisdiction to reopen transaction upon originating summons - Practice - Order LV . , r . 3 — Order on originating summons tantamount to order of Court - Money Lenders Act 1915 ( No. 2701 ) , s . 5 ( 1 ) and ( 2 ) . In an originating ...
... Jurisdiction to reopen transaction upon originating summons - Practice - Order LV . , r . 3 — Order on originating summons tantamount to order of Court - Money Lenders Act 1915 ( No. 2701 ) , s . 5 ( 1 ) and ( 2 ) . In an originating ...
Page 65
... jurisdiction of the Supreme Court , and whether any order made by him is tantamount to an order of the Court itself , should , no doubt , be answered in the affirmative : See Parkin and Cowper v . James and Others ( b ) . But there is ...
... jurisdiction of the Supreme Court , and whether any order made by him is tantamount to an order of the Court itself , should , no doubt , be answered in the affirmative : See Parkin and Cowper v . James and Others ( b ) . But there is ...
Page 66
... jurisdiction conferred by the sub - section can be exercised by a Judge sitting in Chambers for the determination of matters of this kind , it is not incumbent upon him to do so if he is of opinion that the inquiries and other ...
... jurisdiction conferred by the sub - section can be exercised by a Judge sitting in Chambers for the determination of matters of this kind , it is not incumbent upon him to do so if he is of opinion that the inquiries and other ...
Page 90
... jurisdiction - When applicable - Doctrine of Re New discussed - Order LV . , rr . 3 , 5 , 6 - Interests of unborn beneficiaries - How to be represented - Mandamus to Registrar - Transfer of Land Act 1915 ( No. 2740 ) , ss . 55 , 233 ...
... jurisdiction - When applicable - Doctrine of Re New discussed - Order LV . , rr . 3 , 5 , 6 - Interests of unborn beneficiaries - How to be represented - Mandamus to Registrar - Transfer of Land Act 1915 ( No. 2740 ) , ss . 55 , 233 ...
Page 91
... jurisdiction , H.C. OF A. and all of whom were beneficiaries , were not joined as parties . The proposed sale was stated in the affidavits to be highly beneficial to all interested in the trust estate . The property was subject to a ...
... jurisdiction , H.C. OF A. and all of whom were beneficiaries , were not joined as parties . The proposed sale was stated in the affidavits to be highly beneficial to all interested in the trust estate . The property was subject to a ...
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Common terms and phrases
action affidavit agent agreement alleged appeal applied authority bill of lading breach by-law circumstances CITY OF MELBOURNE claim clause Commissioner contract contract note costs council counsel Crown CUSSEN damages death deceased decision defendant defendant's document duty entitled evidence EXECUTORS AND AGENCY fact fendant Full Court gifts inter vivos given Government Act 1915 ground GUTHEIL held income intended interest intestacy IRVINE issue judgment jurisdiction jury justices land learned Judge lease licensed Lord MACFARLAN MANN matter MCARTHUR meaning Melbourne Melbourne Harbour Trust ment mortgage negligence notice opinion order nisi owner paid paragraph parties partnership payable payment person plaintiff possession provisions question railway reason referred residuary estate respect resulting trust rule SCHUTT shares ship Shire Solicitors statement of claim Supreme Court testator testator's thereof tion transfer ultra vires vendor Victoria William Gibson witnesses words
Popular passages
Page 323 - The court said there must be reasonable evidence of negligence; but where the thing is .shown to be under the management of the defendant or his servants, and the accident is such as, in the ordinary course of things, does not happen if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendant, that the accident arose from want of care.
Page 255 - In all cases, therefore, where it is sought to apply the estoppel of a judgment rendered upon one cause of action to matters arising in a suit upon a different cause of action, the inquiry must always be as to the point or question actually litigated and determined in the original action, not what might have been thus litigated and determined. Only upon such matters is the judgment conclusive in another action.
Page 784 - A bill of exchange is an unconditional order in writing, addressed by one person to another, signed by the person giving it, requiring the person to whom it is addressed to pay on demand or at a fixed or determinable future time a sum certain in money to or to the order of a specified person, or to bearer.
Page 246 - But where the second action between the same parties is upon a different claim or demand, the judgment in the prior action operates as an estoppel only as to those matters in issue or points controverted, upon the determination of which the finding or verdict was rendered.
Page 116 - To direct the executors, administrators, or trustees to do or abstain from doing any particular act in their fiduciary capacity ; or (c) To determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
Page 75 - And therefore on a feoffment to A and his heirs, to the use of B and his heirs...
Page 121 - An order of the Court under any statutory or other jurisdiction shall not, as against a purchaser, be invalidated on the ground of want of jurisdiction, or of want of any concurrence, consent, notice, or service, whether the purchaser has notice of any such want or not.
Page 467 - A conspiracy, it is said,f consists not merely in the intention of two or more, but in the agreement of two or more, to do an unlawful act or to do a lawful act by unlawful means.
Page 121 - Purchaser, unless a contrary intention appears, includes a lessee or mortgagee, and an intending purchaser, lessee, or mortgagee, or other person, who, for valuable consideration, takes or deals for any property...
Page 786 - Minneapolis, with interest at the rate of 8 per cent per annum until paid.