The Australian Jurist Reports: Supreme Court of the Colony of Victoria, Volumen5Butterworth & Company (Australia) Limited |
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A'BECKETT action affidavit alleged allowed amount appeal applied assignment Attorneys bank Beechworth bill of sale bottomry breach Buckley certificate claim contended contract conveyance Corowa costs Council Court of Mines creditors Crown damages dant debt declaration decree deed defendant defendant's demurrer directors discharged entitled equity evidence executed executors fact fendant give given granted ground held HIGINBOTHAM HONOUR insolvent issue judgment June 25 jurisdiction jury JUSTICE BARRY JUSTICE FELLOWS JUSTICE MOLESWORTH land learned judge lease liable mandamus marriage matter Melbourne ment miner's right mortgage nonsuit notice objection obtained opinion owner paid party payment penal servitude person plain plaintiff plea possession Privy Council proceedings proved purchase question refused rent respondent rule nisi sect sequestration shares showed cause Solicitors South Wales Statute sufficient suit summons Supreme Court testator tiff tion trial trustees verdict Vict WEBB writ
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Página 5 - ... such as may fairly and reasonably be considered either arising naturally, ie according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made the contract, as the probable result of the breach of it.
Página 108 - it is a general rule, that no court of limited jurisdiction can give itself jurisdiction by a wrong decision on a point collateral to the merits of the case upon which the limit to its jurisdiction depends; and however its decision may be final on all particulars, making up together that subject-matter which, if true, is within its jurisdiction, and however necessary in many cases it may be for it to make a preliminary inquiry, whether some collateral matter be or be not within the limits, yet, upon...
Página 107 - Court by affidavit, are extrinsic to the adjudication impeached. But an objection that the Judge has erroneously found a fact which, though essential to the validity of his order, he was competent to try, assumes that, having general jurisdiction over the subjectmatter, he properly entered upon the inquiry, but miscarried in the course of it. The superior Court cannot quash an adjudication upon such an objection without assuming the functions of a Court of Appeal, and the power to re-try a question...
Página 168 - Viet. c. 109, s. 18, it is enacted, that all contracts or agreements, whether by parol or in writing, by way of gaming or wagering, shall be null and void ; and that no suit shall be brought or maintained in any court of law or equity for recovering any sum of money or valuable thing alleged to be won upon any wager, or which shall have been deposited in the hands of any person to abide the event on which any wager shall have been made...
Página 5 - Where a matter is so essentially necessary to be proved, that had it not been given in evidence, the jury could not have given such a verdict, there the want of stating that matter in express terms in a declaration, provided it contains terms sufficiently general to comprehend it in fair and reasonable intendment, will be cured by a verdict...
Página 212 - December 1833, no person shall make an entry or distress, or bring an action to recover any land or rent, but within twenty years next after the time at which the right to make such entry or distress, or to bring such action, shall have first accrued to some person through whom he claims...
Página 5 - Where two parties have made a contract which one of them has broken, the damages which the other party ought to receive in respect of such breach of contract should be such as may fairly and reasonably be considered either arising naturally, ie, according to the usual course of things, from such breach of contract itself, or such as may reasonably be supposed to have been in the contemplation of both parties, at the time they made...
Página 263 - Any Colonial Law which is or shall be in any respect repugnant to the Provisions of any Act of Parliament extending to the Colony to which such Law may relate, or repugnant to any Order or Regulation made under Authority of such Act of Parliament, or having in the Colony the Force and Effect of SUCH Act, shall be read subject to such Act, Order, or Regulation, and shall, to the Extent of such Repugnancy, but not otherwise, be and remain absolutely void and inoperative.
Página 300 - ... in which the Court has been satisfied from the evidence before it, that the party charged had designedly abstained from inquiry for the very purpose of avoiding notice.
Página 29 - Those whose duty it is to administer the law very properly guard against giving to an Act of Parliament a retrospective operation unless the intention of the Legislature that it should be so construed is expressed in clear, plain, and unambiguous language...