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action adultery agent agreement alleged annuities appeal appellant's application appropriate Bernecker Boynton Brisbane Bulimba by-law Carten Castlemaine Perkins circumstances claim clause commission Commissioner committed adultery consideration contract costs counsel coupons death DECEASED decision defendant defendant's discretion Duncan E. A. Douglas entitled evidence executors exercise fact favour findings Full Court Georgina Loder Seccombe Haupt hENDERSON Henry Berlin husband income intestacy Inverclyde Joyce judgment jurisdiction jury Justices Acts Kettle Kipping land learned trial judge liability Longreach Macrossan C.J. Magistrates Court Mansfield S.P.J. Mareeba marriage Marsh measure of damages motor car Motor Vehicles Insurance negligence notice to quit opinion paid parties payment person petition Philp plaintiff purchaser Queensland question Regulations residuary residuary estate respondent Rockhampton sell September shares Solicitors South Wales Stanley Statute of Frauds stipendiary magistrate supra Supreme Court tenant testator testatrix thereof ticket Vehicles Insurance wife