The New South Wales Law Reports, 1880-1900, 19. köideC.F. Maxwell, 1898 |
From inside the book
Results 1-5 of 81
Page 15
... considering should not , and I have no doubt are not , lightly instituted by the Minister . He doubtless had information before him which he believed he could support by evidence , but I am most strongly of opinion that once an enquiry ...
... considering should not , and I have no doubt are not , lightly instituted by the Minister . He doubtless had information before him which he believed he could support by evidence , but I am most strongly of opinion that once an enquiry ...
Page 29
... consider is the evidence in the affidavit recited in the order . I think that is a good point . The only convenient and safe rule is that the only affidavits which can be considered as being before the Judge are those affidavits which ...
... consider is the evidence in the affidavit recited in the order . I think that is a good point . The only convenient and safe rule is that the only affidavits which can be considered as being before the Judge are those affidavits which ...
Page 61
... consider the INVESTMENT proposed arrangement . AND BUILDING Co. LTD . The defendant further rejoined that the terms of the arrange- AND BANK , ment were as follows : - " 1. That all depositors whose individual claims do not exceed ...
... consider the INVESTMENT proposed arrangement . AND BUILDING Co. LTD . The defendant further rejoined that the terms of the arrange- AND BANK , ment were as follows : - " 1. That all depositors whose individual claims do not exceed ...
Page 65
... consider the arrangement . I am of opinion that this Court is bound , in the first place , to assume that all the provisions of the Joint Stock Companies Arrangement Act were complied with , and that the Judge who sanctioned the ...
... consider the arrangement . I am of opinion that this Court is bound , in the first place , to assume that all the provisions of the Joint Stock Companies Arrangement Act were complied with , and that the Judge who sanctioned the ...
Page 66
... consider that the bare fact only is stated in the rejoinder that such a meeting was not held . It is consistent with it that the defendant was an assenting party , summoned to and present at the meeting at which the arrangement was ...
... consider that the bare fact only is stated in the rejoinder that such a meeting was not held . It is consistent with it that the defendant was an assenting party , summoned to and present at the meeting at which the arrangement was ...
Common terms and phrases
A. H. SIMPSON act of bankruptcy affidavit alleged amount application assessment attorney bank bankrupt bankruptcy bill of sale Broken Hill C.J. Eq charge Chenhall CHIEF JUSTICE claim co-respondent Cohen Commissioners conditional purchase contended contract costs covenant creditors Crown Lands Act debts deceased decision declaration deduction deed defendants entitled equity evidence Ex parte WILSON fact fee simple granted ground H. R. Cox held Honour improvements interest issue Judge judgment jurisdiction jury Kelynack Land Appeal Court Land Board lease lessees liable Lord Magistrate manual labour matter ment Minister for Lands mortgage mortgagor notice official assignee opinion Owen owner paid parties payable payment person plaintiff possession question referred rent respondent RICHARD COUCH rule nisi shares shew Sir Julian Salomons Solicitors South Wales Stephen sub-s Supreme Court Sydney tenant testator tion trial trustees ultra vires words
Popular passages
Page 373 - If, for instance, they were found to be partial and unequal in their operation as between different classes; if they were manifestly unjust, if they disclosed bad faith; if they involved such oppressive or gratuitous interference with the rights of those subject to them as could find no justification in the minds of reasonable men, the Court might well say, 'Parliament never intended to give authority to make such rules; they are unreasonable and ultra vires.
Page 115 - Nothing is more incumbent upon Courts of Justice, than to preserve their proceedings from being misrepresented ; nor is there anything of more pernicious consequence, than to prejudice the minds of the public against persons concerned as parties in causes, before the cause is finally heard . . . There are three different sorts of contempt.
Page 108 - the expression ' workman ' does not include a domestic or menial servant, but save as aforesaid, means any person who, being a labourer, servant in husbandry, journeyman, artificer, handicraftsman, miner, or otherwise engaged in manual labour...
Page 373 - But it is in this sense, and in this sense only, as I conceive, that the question of unreasonableness can properly be regarded.
Page 1 - A rule having been obtained calling on the plaintiff to shew cause why the verdict should not be set aside, and a new trial had...
Page 391 - Now, there is but one case,' in which it appears to us that this sort of evidence of intention can properly be admitted, and that is, where the meaning of the testator's words is neither ambiguous nor obscure, and where the devise is on the face of it perfect and intelligible, but, from some of the circumstances admitted in proof, an ambiguity arises, as to which of the two or more things, or which of the two or more persons (each answering the words in the will), the testator intended to express.
Page 216 - Any contract which if made between private persons would be by law required to be in writing, and signed by the parties to be charged therewith, may be made on behalf of the company in writing signed by any person acting under the express or implied authority of the company...
Page 38 - Justice was right in saying that a retrospective operation ought not to be given to the statute, "unless the intention of the Legislature that it should be so construed is expressed in clear, plain, and unambiguous language, because it manifestly shocks one's sense of justice that an act legal at the time of doing it should be made unlawful by some new enactment.
Page 64 - ... and then see whether the scheme is a reasonable one, or whether there is any reasonable objection to it or such an objection to it as that any reasonable man might say that he could not approve of it.
Page 190 - And be it further enacted, that every will shall be construed, with reference to the real estate and personal estate comprised in it, to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will.