The New Zealand Law Reports, Volume 21New Zealand Council of Law Reporting, 1902 - Courts Digest for 1903-1907 contains "Index of cases reported in the Gazette law reports and not reported in the New Zealand law reports." |
From inside the book
Results 1-5 of 100
Page 18
... rule as to a trustee not leasing to himself is not applicable . It depends on the prin- ciple that a trustee must not make a profit out of the trust . This case is on a different footing , and is different from the case of a private ...
... rule as to a trustee not leasing to himself is not applicable . It depends on the prin- ciple that a trustee must not make a profit out of the trust . This case is on a different footing , and is different from the case of a private ...
Page 20
... rule laid down in construing the execution of powers which is sum- marised in Farwell should be followed . It is , " If there is a complete execution of the power , but something more is " added , whether by way of addition or otherwise ...
... rule laid down in construing the execution of powers which is sum- marised in Farwell should be followed . It is , " If there is a complete execution of the power , but something more is " added , whether by way of addition or otherwise ...
Page 21
... rule that a trustee with a leas- ing - power shall not lease to a trustee for himself shall not be applied : See Attorney - General v . Dixie ( 1 ) . In Passingham v . Sherborn ( 2 ) a trustee was removed from his office who had taken a ...
... rule that a trustee with a leas- ing - power shall not lease to a trustee for himself shall not be applied : See Attorney - General v . Dixie ( 1 ) . In Passingham v . Sherborn ( 2 ) a trustee was removed from his office who had taken a ...
Page 23
... rule laid down by Lord Alvanley in Campbell v . Walker ( 1 ) has been followed . He said , " I wish " it to be understood upon what terms trustees may purchase so as to be protected from this equity ; and I repeat , there is no other ...
... rule laid down by Lord Alvanley in Campbell v . Walker ( 1 ) has been followed . He said , " I wish " it to be understood upon what terms trustees may purchase so as to be protected from this equity ; and I repeat , there is no other ...
Page 24
... rule of equity , to which there can be no exception , which compels the Court to interfere . The rule suggested is that a trustee cannot purchase from himself , directly or indirectly -upon the principle that a person ought not to be ...
... rule of equity , to which there can be no exception , which compels the Court to interfere . The rule suggested is that a trustee cannot purchase from himself , directly or indirectly -upon the principle that a person ought not to be ...
Contents
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Common terms and phrases
Act Amendment Act alleged application ASSETS COMPANY Auckland authority breach certificate of title certiorari Ch.D Christchurch Company Limited CONOLLY contract conviction Corporation costs covenant damages decision deed defendant company District Land Registrar Dunedin duty entitled evidence Ex relatione fact favour fraud freehold tenure FRETHEY ground held interest interpleader Invercargill issued Judge judgment jurisdiction jury Justice KAITANGATA Land Transfer Act lessee liable licence Licensing Committee lien Lord MAYOR McIntosh memorial of ownership ment mortgagee Native Land Act Native Land Court Native title offence opinion order in freehold owners parties penalties person petitioner plaintiff Porirua Harbour power of leasing present proceedings provisions purchaser purpose question Railway reason Regina respondent ROIHI rule says Solicitor statement of claim statute Stipendiary Magistrate STOUT sum certain Supreme Court tenant testator Thomas Woods tion Town Belt trust Wellington WILLIAMS WILSON words Zealand
Popular passages
Page 338 - Wherever there is a real likelihood that the judge would, from kindred or any other cause, have a bias in favour of one of the parties, it would be very wrong in him to act ; and we are not to be understood to say, that where there is a real bias of this sort this Court would not interfere...
Page 110 - Where there is nothing in the context of a will from which it is apparent that a testator has Used the words in which he has expressed himself in any other than their strict and primary sense...
Page 72 - ... the law considers such publication as malicious, unless it is fairly made by a person in the discharge of some public or private duty, whether legal or moral, or in the conduct of his own affairs, in matters where his interest is concerned.
Page 252 - ... if it shall find that the petitioner has during the marriage been guilty of adultery, or if the petitioner shall, in the opinion of the court, have been guilty of unreasonable delay in presenting or prosecuting such petition, or of cruelty towards the other party to the marriage, or of having deserted or wilfully separated himself or herself from the other party before the adultery complained of, and without reasonable excuse, or of such wilful neglect or misconduct as has conduced to the adultery.
Page 643 - A person when charged before a court of summary jurisdiction with an offence, in respect of the commission of which an offender is liable on summary conviction to be imprisoned for a term exceeding three months...
Page 110 - ... sensible with reference to extrinsic circumstances, it is an inflexible rule of construction, that the words of the will shall be interpreted in their strict and primary sense, and in no other, although they may be capable of some popular or secondary interpretation, and although the most conclusive evidence of intention to use them in such popular or secondary sense be tendered.
Page 186 - Provided always, and these presents are upon this express condition, that if the said party of the first part, their heirs, executors or administrators, shall well and truly pay, or cause to be paid, to the said party of the second part...
Page 203 - Legislature has authorised, if it be done negligently. And I think that if by a reasonable exercise of the powers, either given by statute to the promoters, or which they have at common law, the damage could be prevented, it is, within this rule, ' negligence ' not to make such reasonable exercise of their powers.
Page 72 - In such cases the occasion prevents the inference of malice, which the law draws from unauthorized communications, and affords a qualified defence depending upon the absence of actual malice. If fairly warranted by any reasonable occasion or exigency, and honestly made, such communications are protected for the common convenience and welfare of society ; and the law has not restricted the right to make them within any narrow limits.