The State Reports, New South Wales, Volume 5Law Book Company of Australasia, 1905 - Law reports, digests, etc |
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Page 1
... Rule 4 - Jurisdiction - Practice . The Court of Equity has jurisdiction on an originating summons to enquire into ... Rule 4 of Schedule IV . to the Equity Act , 1901 , is a beneficial rule which should receive a liberal construction ...
... Rule 4 - Jurisdiction - Practice . The Court of Equity has jurisdiction on an originating summons to enquire into ... Rule 4 of Schedule IV . to the Equity Act , 1901 , is a beneficial rule which should receive a liberal construction ...
Page 2
... Rule 1 . ( 2. ) Relief to a mortgagee or a holder of a charge by fore- closure , sale , etc. , and corresponding relief to a mort- gagor by redemption , Rule 4 . ( 3. ) Questions of title between vendor and purchaser , Rule 6 . ( 4 ...
... Rule 1 . ( 2. ) Relief to a mortgagee or a holder of a charge by fore- closure , sale , etc. , and corresponding relief to a mort- gagor by redemption , Rule 4 . ( 3. ) Questions of title between vendor and purchaser , Rule 6 . ( 4 ...
Page 5
... Rule 1 the Court will not , on originating summons , decide whether a defendant is or is not a trustee Elworthy v . Harvey ( 60 L.T. 30 ) . Rules 1 and 2 assume the existence of the relationship of trustee and cestui que trust , and Rule ...
... Rule 1 the Court will not , on originating summons , decide whether a defendant is or is not a trustee Elworthy v . Harvey ( 60 L.T. 30 ) . Rules 1 and 2 assume the existence of the relationship of trustee and cestui que trust , and Rule ...
Page 10
... Rule 4 is a beneficial rule , and not to be construed in too limited a sense . It would be unfortunate if the Court were to construe the Rules of Court dealing with this procedure in such a way as to deprive parties of a large part of ...
... Rule 4 is a beneficial rule , and not to be construed in too limited a sense . It would be unfortunate if the Court were to construe the Rules of Court dealing with this procedure in such a way as to deprive parties of a large part of ...
Page 34
... rule , " and it is said that the preference contained in the 77th section of the Bankruptcy Act cannot in any proper sense of the term be called a " rule " regarding secured and unsecured creditors , or the declaration and distribution ...
... rule , " and it is said that the preference contained in the 77th section of the Bankruptcy Act cannot in any proper sense of the term be called a " rule " regarding secured and unsecured creditors , or the declaration and distribution ...
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Common terms and phrases
A. H. SIMPSON action affidavit Albert Murray alleged amount application appointed Arbitration Attorney-General Attorneys Australian Jockey Club Bank bankrupt Bankruptcy Act Bruce Smith C.J. in Eq Caraher certificate charge CHIEF JUSTICE Civil Service Act claim clause Cohen common law contended contract convicted costs creditors Crown debt decision declaration deed defendant deposit dismissed duty entitled Equity evidence executor fact fee simple granted held Honour intended issue Judge judgment jurisdiction jury Kelynack Land Appeal Court liable libel Lycett Magistrate mandamus matter Minister mortgage non-unionist notice offence officer official assignee opinion originating summons Owen paid pari passu parties payment person plaintiff preferential creditors Pring proceedings purchase question referred refused respect respondent Sect shares Solicitors South Wales statute Sydney testator tion transfer trustee undisclosed principal unionists verdict vested Walker words writ
Popular passages
Page 305 - It is a well-established rule of law, that where a contract, not under seal, is made with an agent in his own name, for an undisclosed principal, either the agent or the principal may sue upon it...
Page 14 - No order, judgment or decree providing for an accounting, or enjoining, restraining or interfering with the prosecution of the business of any domestic insurance corporation, or appointing a temporary or permanent receiver thereof, shall be made or granted otherwise than upon the application of the attorney-general on his own motion, or after his approval of a request in writing therefor of the superintendent of insurance, except in an action by a judgment creditor, or In proceedings supplementary...
Page 637 - ... or for the purpose of any money or valuable thing being received (<) by or on behalf of such owner, occupier, keeper, or person as aforesaid as or for the consideration for any assurance, undertaking, promise, or agreement, express or implied, to pay or give thereafter any money or valuable thing on any event or contingency of or relating to any horse race...
Page 311 - ... the defendants were not bound by their offer when accepted by the plaintiffs till the answer was received, then the plaintiffs ought not to be bound till after they had received the notification that the defendants had received their answer and assented to it; and so it might go on ad infinitum.
Page 471 - That all conditions were fulfilled, and all things happened and all times elapsed necessary to entitle the plaintiff to have the said...
Page 317 - ... conviction, without proof of the signature or official character of the person appearing to have signed the same.
Page 552 - An adequate amount of ventilation shall be constantly produced in every mine to dilute and render harmless noxious gases to such an extent that the working places of the shafts, levels, stables, and workings of the mine, and the travelling roads to and from those working places shall be in a fit state for working and passing therein.
Page 215 - In an action by the plaintiff for malicious prosecution, held, that evidence that the libel was true, and that it was for the public benefit that it should be published...
Page 286 - Act, no creditor to whom the debtor is indebted in respect of any debt provable in bankruptcy shall have any remedy against the property or person of the debtor in respect of the debt, or shall commence any action or other legal proceedings unless with the leave of the Court and on such terms as the Court may impose.
Page 539 - The Court of Appeal shall have power to draw inferences of fact and to give any judgment and make any order which ought to have been made, and to make such further or other order as the case may require.