The Practice of the Supreme Court of New South Wales at Common Law: Including the Common Law Procedure Act, 1899, and Other Acts Relating to the Subject, Together with the General Rules of Court, Edited with Notes and IndexLaw Book Company of Australasia, 1903 - 512 pages |
From inside the book
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Page 12
... costs : Gynn v . Kirby , 1 Str . 402. Where an order omitted to specify the time within which the declaration was to be made but provided for a stay of proceedings after the lapse of a certain number of days from the making of the order ...
... costs : Gynn v . Kirby , 1 Str . 402. Where an order omitted to specify the time within which the declaration was to be made but provided for a stay of proceedings after the lapse of a certain number of days from the making of the order ...
Page 13
... costs . - The old rules dealing with the amount to be C.L.P. Act , indorsed for costs have not been re - enacted ; see now 4th Schedule to Rules , post , S. 10 . " Costs in undefended actions . " If defendant disputes the amount ...
... costs . - The old rules dealing with the amount to be C.L.P. Act , indorsed for costs have not been re - enacted ; see now 4th Schedule to Rules , post , S. 10 . " Costs in undefended actions . " If defendant disputes the amount ...
Page 26
... costs . - See 4th Schedule to Rules , " Costs in un- defended actions . " ( post ) . Issue execution . - Under R. 182 ( post ) the plaintiff , upon filing a verified account of what is justly due to him under the judgment , may issue ...
... costs . - See 4th Schedule to Rules , " Costs in un- defended actions . " ( post ) . Issue execution . - Under R. 182 ( post ) the plaintiff , upon filing a verified account of what is justly due to him under the judgment , may issue ...
Page 36
... costs see ss . 43 , 44 ( infra ) . Instead of amending the plaintiff may apparently enter a cassetur breve , and so avoid costs : Chitty's Archbold , 917 . Provided , etc .-- The proviso preserves any rights of the new defendant under ...
... costs see ss . 43 , 44 ( infra ) . Instead of amending the plaintiff may apparently enter a cassetur breve , and so avoid costs : Chitty's Archbold , 917 . Provided , etc .-- The proviso preserves any rights of the new defendant under ...
Page 41
... costs of the action . execution . ( 2 ) The judgment of the Court may be entered for the Judgment and sum so agreed or ascertained with or without costs as the case 17 Vic . No. 21 , may be , and execution may issue upon such judgment ...
... costs of the action . execution . ( 2 ) The judgment of the Court may be entered for the Judgment and sum so agreed or ascertained with or without costs as the case 17 Vic . No. 21 , may be , and execution may issue upon such judgment ...
Common terms and phrases
admission admitted affidavit aforesaid allowed amended amount appear application appointed arbitrator articled clerk attorney bail bill cause of action certificate Circuit Court claim claimant clerk Commissioner Common Law concurrent writ consent consolidated copy costs Court or Judge damages debt declaration default defendant demurrer District Court documents Dowl ejectment entered entitled Equity evidence examination execution fees filed garnishee given granted held hereby Ibid interpleader issue judgment debtor jurisdiction jurors jury Justice leave matter ment notice oath officer paid party payment person Petition plaintiff plea plea in abatement pleaded Privy Council proceed proceedings Prothonotary Provided Railway record recovered refused Registrar repealed residence respect rule nisi Schedule served Sheriff sign judgment Solicitor South Wales Statute sued supra Supreme Court sworn Sydney taxation taxed tenant therein thereof thereto thinks fit tion trial unless verdict witness writ of summons
Popular passages
Page 400 - ... shall be employed to issue the writ, then it shall be indorsed with a memorandum expressing that the same has been sued out by the plaintiff...
Page 172 - to a submission, or any person claiming 'through or under him, commences any 'legal proceedings in any court against 'any other party to the submission...
Page 222 - A right of re-entry or forfeiture under any proviso or stipulation in a lease, for a breach of any covenant or condition in the lease, shall not be enforceable by action, or otherwise, unless and until the lessor serves on the lessee a notice specifying the particular breach complained of, and, if the breach is capable of remedy, requiring the lessee to remedy the breach, and in any case requiring the lessee to make compensation in money for the breach, and the lessee NOB.
Page 222 - Where a lessor is proceeding, by action or otherwise, to enforce such a right of re-entry or forfeiture, the lessee may, in the lessor's action, if any, or in any action brought by himself, apply to the Court for relief; and the Court may grant or refuse relief, as the Court, having regard to the proceedings and conduct of the parties under the foregoing provisions of this section, and to all the other circumstances, thinks fit...
Page 307 - If any person called as a witness, or required or desiring to make an affidavit or deposition, shall refuse or be unwilling from alleged conscientious motives to be sworn, it shall be lawful for the court or judge or other presiding officer, or person qualified to take affidavits or depositions, upon being satisfied of the sincerity of such objection, to permit such person, instead of being sworn, to make his or her solemn affirmation or declaration in the words following; videlicet, " I, AB, do...
Page 162 - We command you, that within eight days after the service of this writ on you, inclusive of the day of such service, you do cause...
Page 177 - ... requiring any prolonged examination of documents or accounts, or any scientific or local investigation which cannot, in the opinion of the Court or a Judge, conveniently be made before a jury...
Page 174 - To administer oaths to or take the affirmations of the parties and witnesses appearing ; and (b) to state an award as to the whole or part thereof in the form of a special case for the opinion of the Court ; and (c) to correct in an award any clerical mistake or error arising from any accidental slip or omission.
Page 180 - The award to be made by the arbitrators or umpire shall be final and binding on the parties and the persons claiming under them respectively.
Page 315 - An Act to repeal an Act of the present Session of Parliament, intituled ' An Act for the more effectual Abolition of Oaths and Affirmations taken and made in various Departments of the State, and to substitute Declarations in lieu thereof, and for the more entire Suppression of voluntary and extra-judicial Oaths and Affidavits;' and to make other Provisions for the Abolition of unnecessary Oaths.