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acres act of bankruptcy affidavit alleged amount application assessment attorney bank bill of sale Broken Hill charge Chenhall & Eddie Chief Justice claim Cohen colony Commissioners conditional purchase contended contract costs Court of Review covenant Crown Lands Act decision declaration deduction deed defendants entitled equity estates or parcels evidence fact fee simple G. B. Simpson garnishee Geoghegan ground H. R. Cox habeas corpus held Honour improvements Income Tax Judge judgment jurisdiction jury Kelynack Land Appeal Court Land Board land tax lease leasehold area lessees liable Lord Magistrate manual labour matter mortgage mortgagor notice offence opinion Owen owner paid parties pastoral lease payable payment person plaintiff prisoner provides question referred rent respondent rule nisi shew Sir Julian Salomons South Wales sub-s Supreme Court Sydney Taxation tenant tion trial trustee ultra vires unimproved value words
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.