The New South Wales Law Reports, 1880-1900, 13. köideC.F. Maxwell, 1892 |
From inside the book
Results 1-5 of 79
Page 7
... matter . This was a matter , not of precedent , but of law . The Attorney - General 1892 . Ex parte WALLACE AND Co. apprehended that a VOL . XIII . ] 7 CASES AT LAW .
... matter . This was a matter , not of precedent , but of law . The Attorney - General 1892 . Ex parte WALLACE AND Co. apprehended that a VOL . XIII . ] 7 CASES AT LAW .
Page 10
... matter at all , and that this is an application , the granting of which they are entitled to ex debito justitiæ , that it is not a matter in which the Court has a right to exercise any judicial discretion , and that if any discre- tion ...
... matter at all , and that this is an application , the granting of which they are entitled to ex debito justitiæ , that it is not a matter in which the Court has a right to exercise any judicial discretion , and that if any discre- tion ...
Page 11
... matter of strict law he was entitled to a writ of mandamus calling upon the respondents to reinstate him . The attendant circumstances , however , induced the Court to hold its hand ; one , and the most material , of the atten- dant ...
... matter of strict law he was entitled to a writ of mandamus calling upon the respondents to reinstate him . The attendant circumstances , however , induced the Court to hold its hand ; one , and the most material , of the atten- dant ...
Page 12
... matter , of course , would have stood upon an entirely different footing ; but , allowing for a reasonable time for the passing of such a bill as this , no claim during such reasonable time can be made out at all for the granting of a ...
... matter , of course , would have stood upon an entirely different footing ; but , allowing for a reasonable time for the passing of such a bill as this , no claim during such reasonable time can be made out at all for the granting of a ...
Page 14
... matters not expressly referred to we follow the precedent of the English Constitution . Therefore , if it be an exception to the matter engrafted upon our written Constitution , the broad reason why it should be accepted is that the ...
... matters not expressly referred to we follow the precedent of the English Constitution . Therefore , if it be an exception to the matter engrafted upon our written Constitution , the broad reason why it should be accepted is that the ...
Common terms and phrases
action affidavit agreement alleged amount ANGLO appears application Attorney Attorney-General AUSTRALIAN Balranald bank bankruptcy betting houses bill Bruce Smith C.J. Eq cablegram called caveat certificate CHIEF JUSTICE claim colony common conditional purchase contract costs Court Court of Equity creditors Crown Lands Act deed defendant depositors directors Dubbo England entitled evidence fact fraud give ground Gunthorp held holder Honour Hotel Company Innes insolvent INVESTMENT issue judgment Julian Salomons jury KILKIVAN Land Company lease liabilities Lingen liquidator maizena matter Melbourne memorandum of association MUNICIPAL Niebel notice object old company Onslow opinion OWEN paid parties payment person Pitt Town plaintiff plea possession prisoner proceedings question referred refused registered resolution respect respondent says shareholders shares shew Solicitors South Wales Stephen suit Sydney testator Thomas Welbourne THORLEY trade mark trial trustees ultra vires Windeyer words
Popular passages
Page 46 - ... if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that their contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by Courts of justice. Therefore, you have this paramount public policy to consider — that you are not lightly to interfere with this freedom of contract.
Page 44 - It must not be forgotten that you are not to extend arbitrarily those rules which say that a given contract is void as being against public policy, because if there is one thing which more than another public policy requires it is that men of full age and competent understanding shall have the utmost liberty of contracting, and that contracts when entered into freely and voluntarily shall be held sacred and shall be enforced by courts of justice.
Page 248 - ... 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...
Page 185 - Every share in any company shall be deemed and taken to have been issued and to be held subject to the payment of the whole amount thereof in cash...
Page 98 - Act, in any employment, occupation, or trade in which she is engaged, or which she carries on separately from her husband, and also any money or property so acquired by her through the exercise of any literary, artistic, or scientific skill, and all investments of such wages, earnings, money or property, shall bo deemed and taken to be property held and settled to her separate use, independent of any husband to whom she may be married, and her receipts alone shall be a good discharge for such wages,...
Page 184 - 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 152 - ... and is hereby empowered either to direct that the judgment, decree, order, or sentence appealed from shall be carried into execution, or that the execution thereof shall be suspended pending the said appeal...
Page 219 - This doctrine ought to be reasonably, and not unreasonably, understood and applied, and that whatever may fairly be regarded as incidental to, or consequential upon, those things which the legislature has authorized, ought not, unless expressly prohibited, to be held, by judicial construction, to be ultra vires.
Page 11 - ... unhesitating and unqualified adhesion. But the decision in that case has no application to the present. The position, that an order of the House of Commons cannot render lawful that which is contrary to law, still less that a resolution of the House can supersede the jurisdiction of a court of law by clothing an unwarranted exercise of power with the garb of privilege, can have no application where the question is, not whether the act complained of, being unlawful at law, is rendered lawful by...
Page 12 - Whatever disadvantages attach to a system of unwritten law, and of these we are fully sensible, it has at least this advantage, that its elasticity enables those who administer it to adapt it to the varying conditions of society, and to the requirements and habits of the age in which we live, so as to avoid the inconsistencies and injustice which arise when the law is no longer in harmony with the wants and usages and interests of the generation to which it is immediately applied.