The State Reports, New South Wales, Volume 11Law Book Company of Australasia, 1911 - Law reports, digests, etc |
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Common terms and phrases
A. H. SIMPSON action agreement alleged amount appeal applicant assessment Attorney Attorney-General Bellambi breach by-law C.J. in Eq Castlereagh Street certificate CHIEF JUSTICE claim Commissioners common law complained contended contract costs Council Crown Lands Act damages dangerous decision defect defendant District Surveyor duty entitled estoppel evidence executors fact fence Ferguson forfeiture Griffith ground Harbour Trust held High Court Honour income JAMES FAIRFAX joinder of issue Judge judgment jury Land Board landlord lease lessee license Lord Macnaghten machine machinery magistrate marriage matter meaning ment Minister Mosman motion Murrurundi negligence opinion owner paid parties payable person plaintiff possession Pring Privy Council provisions purchase question reason referred rent respondent Sect settlement settlor shares solicitors South Wales Stamp Duties Street Sydney tenant testator trespass ultra vires verdict wife words
Popular passages
Page 386 - Every contract on a bill, whether it be the drawer's, the acceptor's, or an indorser's, is incomplete and revocable, until delivery of the instrument in order to give effect thereto. Provided that where an acceptance is written on a bill, and the drawee gives notice to or according to the directions of the person entitled to the bill that he has accepted it, the acceptance then becomes complete and irrevocable.
Page 22 - ... and it is a rule of universal application, that no one, having such duties to discharge, shall be allowed to enter into engagements in which he has, or can have, a personal interest conflicting, or which possibly may conflict, with the interests of those whom he is bound to protect. So strictly is this principle adhered to, that no question is allowed to be raised as to the fairness or unfairness of a contract so entered into.
Page 319 - If it is intended to take effect by transfer, the Court will not hold the intended transfer to operate as a declaration of trust, for then every imperfect instrument would be made effectual by being converted into a perfect trust.
Page 162 - A person may have exercised all the care which the law required, and yet, in the light of his new experience, after an unexpected accident has occurred, and as a measure of extreme caution, he may adopt additional safeguards. The more careful a person is, the more regard he has for the lives of others, the more likely he would be to do so, and it would seem unjust that he could not do so without being liable to have such acts construed as an admission of prior negligence. We think such a rule puts...
Page 447 - I have for a long time understood that rule to be that the Court has no right to imply in a written contract any such stipulation, unless, on considering the terms of the contract in a reasonable and business manner, an implication necessarily arises that the parties must have intended that the suggested stipulation should exist. It is not enough to say that it would be a reasonable thing to make such an implication. It must be a necessary implication in the sense that I have mentioned.
Page 318 - I take the law of this Court to be well settled that in order to render a voluntary settlement valid and effectual the settlor must have done everything which, according to the nature of the property comprised in the settlement, was necessary to be done in order to transfer the property and render the settlement binding upon him.
Page 295 - All those goods and chattels, actions and commodities, which were of the deceased in right of action or possession as his own, and so continued to the time of his death, and which after his death the executor or administrator doth get into his hands as duly belonging to him in...
Page 484 - In conformity to this principle we feel no doubt that such an Assembly has the right of protecting itself from all impediments to the due course of its proceeding. To the full extent of every measure which it may be really necessary to adopt, to secure the free exercise of their Legislative functions, they are justified in acting by the principle of the 234 Common Law.
Page 273 - It is the right, as a general rule, of a plaintiff in equity to exact from the defendant a discovery upon oath as to all matters of fact, which, being well pleaded in the bill, are material to the plaintiff's case about to come on for trial, and which the defendant does not by his form of pleading admit.