Queensland Reports: Decisions of the Supreme Court of Queensland
Incorporated Council of Law Reporting for the State of Queensland, 1923
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Common terms and phrases
action agent agreed agreement alleged allowed amended amount appeal application appurtenances assessed authorised authority bill Board BRISBANE TRAMWAY called cause circumstances claim conferred construction contended costs council Counsel Court Act decision defendant determined directed directors District effect entered entitled evidence executed exercise fact Full Court further give given ground hearing Held interest Johnston Judge judgment jurisdiction Justices land Lodge Lord Lukin Macnaughton Magistrates Court March matter McCawley C.J. meaning mortgage necessary notice opinion owner paid passed payable payment person petitioner plaint plaintiff possession premises present principle privileges provisions purchase purchase money Queensland question reason referred refused regard registered resident respect respondent rule sentence Shand shares Society Solicitors statute statutory subsec Supreme Court taken thereof TRAMWAY TRUST transfer undertaking whole
Page 291 - Any capital raised by the creation of new shares shall be considered as part of the original capital...
Page 107 - ... who being a son or sons shall attain the age of twenty-one years or being a daughter or daughters shall attain that age or marry...
Page 291 - Subject to any direction to the contrary that may be given by the meeting that sanctions the increase of capital, all new shares shall be offered to the members in proportion to the existing shares held by them, and such offer shall be made by notice specifying the number of shares to which the member is entitled, and limiting a time within which the offer, if not accepted, will be deemed to be declined ; and after the expiration of such time, or on the receipt of an intimation from the member...
Page 46 - Once a mortgage always a mortgage' means that no contract between a mortgagor and a mortgagee made at the time of the mortgage and as part of the mortgage transaction, or, in other words, as one of the terms of the loan, can be valid if it prevents the mortgagor from getting back his property on paying off what is due on his security.
Page 68 - person aggrieved " must be a man who has suffered a legal grievance, a man against whom a decision has been pronounced which has wrongfully deprived him of something, or wrongfully refused him something, or wrongfully affected his title to something.
Page 132 - When a proprietor, with the view of selling his estate, goes to an agent and requests him to find a purchaser, naming at the same time the sum which he is willing to accept, that will constitute a general employment ; and should the estate be eventually sold to a purchaser introduced by the agent, the latter will be entitled to his commission, although the price paid should be less than the sum named at the time the employment was given.
Page 107 - ... child or children shall take (and if more than one, equally between them) the share which his, her, or their parent would have taken of and in the residuary trust funds if such parent had survived me and attained the age of twenty one years.] Solicitor-trustee — Costs.
Page 24 - In all cases of damage by collision on land or sea there are three ways in which the question of contributory negligence may arise. A. is suing for damage thereby received. He was negligent, but his negligence had brought about a state of things in which there would have been no damage if B. had not been subsequently and severably negligent. A. recovers in full ; see, among other cases, Spaight v.
Page 79 - Society, and the decision so made shall be binding and conclusive on all parties without appeal, and shall not be removable into any court of law or restrainable by injunction ; and application for the enforcement thereof may be made to the county court.
Page 73 - Committee thereof, shall be decided in manner directed by the Rules of such Society, and the Decision so made shall be binding and conclusive on all Parties, without Appeal...