The Commonwealth Law Reports: Cases Determined in the High Court of Australia, 35. köide
Law Book Company of Australasia Limited, 1925
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accept action agreed agreement allowed amount answers appeal application Arbitration Assessment Assurance Australia authority award bill of sale Board carried cause circumstances claim clause Commissioner COMMON Commonwealth consideration Constitution construction contract costs Council decision decree defendant determine direction duty effect employees entitled established evidence exercise existence express facts Federal finding Full further give given grant ground held High Court income tax industrial Insurance Isaacs A.C.J. Judge judgment judicial jurisdiction jury land learned leave limited Lord matter Maye meaning namely objection officers opinion Order in Council organization paid Parliament parties performance person plaintiff present principle proposal provisions question reason referred refused relation respect respondent rule Service Shipping South Wales specific Starke strike Supreme Court Sydney TAXATION Union whole
Page 318 - conveyance on sale " includes every instrument, and every decree or order of any court or of any commissioners, whereby any property, or any estate or interest in any property, upon the sale thereof is transferred to or vested in a purchaser, or any other person on his behalf or by his direction.
Page 411 - I have mentioned it is an erroneous application of the formula to say that the tribunal cannot give themselves jurisdiction by wrongly deciding certain facts to exist, because the legislature gave them jurisdiction to determine all the facts, including the existence of the preliminary facts on which the further exercise of their jurisdiction...
Page 245 - ... shall be allowed to be good, except the buyer shall accept part of the goods so sold, and actually receive the same, or give something in earnest to bind the bargain or in part...
Page 139 - There are numerous instances of patents which have been granted, where the invention consisted in no more than in the use of things already known...
Page 139 - Or it may, perhaps, extend also to a new process to be carried on by known implements, or elements, acting upon known substances, and ultimately producing some other known substance, but producing it in a cheaper or more expeditious manner, or of a better and more useful kind.
Page 81 - No appeal shall be permitted to the Queen in Council from a decision of the High Court upon any question, howsoever arising, as to the limits inter se of the Constitutional powers of the Commonwealth and those of any State or States, or as to the limits inter se of the Constitutional powers of any two or more States...
Page 107 - In the interpretation of a completely self-governing Constitution founded upon a written organic instrument, such as the British North America Act, if the text is explicit the text is conclusive, alike in what it directs and what it forbids.
Page 124 - The costs of the reference and award shall be in the discretion of the arbitrators or umpire, who may direct to and by whom and in what manner those costs or any part thereof shall be paid, and may tax or settle the amount of costs to be so paid or any part thereof, and may award costs to be paid as between solicitor and client.
Page 240 - ... at some future time, or may not at the time of such contract be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery.
Page 401 - If there is a negative covenant,' said Lord Cairns, in Doherty v. Alman (L.), 'the court has no discretion to exercise. If parties for valuable consideration, with their eyes open, contract that a particular thing shall not be done, all that a court of equity has to do is to say, by way of injunction, that the thing shall not be done.