The State Reports, New South Wales, 第 1 卷Law Book Company of Australasia, 1901 |
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常见术语和短语
action affidavit alleged amount application Armidale assessment Attorney bank BROKEN HILL Burcher C.J. Eq C.J. in Eq caveat CHIEF JUSTICE claim Cohen conditional purchase contended contract costs covenant creditors Crown Lands debt decision deed defendant domicil DONOHUE entitled Erskine evidence executors fact Ferrara Martin Frazer G. B. Simpson Government granted ground held Honour husband income injunction intended interest intestacy issue John Frazer Judge judgment Julian Salomons jurisdiction jury Land Appeal Court Land Board lease liable license married woman matter ment minister of religion mortgage MUNICIPAL notice nuisance opinion Owen paid parties person petitioner plaintiff probate provides question rabbit-proof fence referred refused rent respect respondent rule Salvation Army says Sect share shew solicitor South Wales statement of claim Stephen suit Sydney tenant testator tion trial trustees vendor WALKER wife words
热门引用章节
第87页 - ... where one by his words or conduct wilfully causes another to* believe in the existence of a certain state of things, and induces him to act on that belief, so as to alter his own previous position, the former is concluded from averring against the latter a different state of things as existing at the same time.
第87页 - If a stranger begins to build on my land supposing it to be his own, and I, perceiving his mistake, abstain from setting him right, and leave him to persevere in his error, a Court of Equity will not allow me afterwards to assert my title to the land on which he had expended money on the supposition that the land was his own.
第345页 - Every law in force in a Colony which has become or becomes a State, and relating to any matter within the powers of The Parliament of the Commonwealth, shall, subject to this Constitution, continue in force in the State; and, until provision is made in that behalf by The Parliament of the Commonwealth the Parliament of the State shall have such powers of alteration and of repeal in respect of any such law as the Parliament of the Colony had until the Colony became a State.
第22页 - The doctrine of laches in courts of equity is not an arbitrary or a technical doctrine. Where it would be practically unjust to give a remedy, either because the party has, by his conduct, done that which might fairly be regarded as equivalent to a waiver of it, or where, by his conduct and neglect he has, though perhaps not waiving that remedy, yet put the other party in a situation in which it would not be reasonable to place him if the remedy were afterwards to be asserted, in either of these...
第4页 - That in any devise or bequest of real or personal estate the words " die without issue," or " die without leaving issue," or " have no issue," or any other words which may import either a want or failure of issue of any person in his lifetime or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue...
第140页 - We think there are only two ways in which landlords or owners can be made liable in the case of an injury to a stranger by the defective repair of premises let to a tenant, the occupier, and the occupier alone, being prima facie liable: first, in the case of a contract by the landlord to do repairs where the tenant can sue him for not repairing; secondly, in the case of a misfeasance by the landlord, as, for instance, where he lets premises in a ruinous condition.
第332页 - Intention of the Legislature" is a common but very slippery phrase, which, popularly understood, may signify anything from intention embodied in positive enactment to speculative opinion as to what the Legislature probably would have meant, although there has been an omission to enact it. In a Court of law or equity, what the Legislature intended to be done or not to be done can only be legitimately ascertained from that which it has chosen to enact, either in express words or by reasonable and necessary...
第55页 - ... the facts within his knowledge, and to produce all documents in his possession which are material to the case of the plaintiff. However disagreeable it may be to make the disclosure, however contrary to his personal interests, however fatal to the claim upon which he may have insisted, he is required and compelled, under the most solemn sanction, to set forth all he knows, believes, or thinks in relation to the matters in question.
第279页 - ... supply the defect by implication, and so mould the language of the testator as to carry into effect, as far as possible, the intention which it is of opinion that h,e has on the whole will sufficiently declared.
第351页 - Every power of the Parliament of a Colony which has become or becomes a State, shall, unless it is by this Constitution exclusively vested in the Parliament of the Commonwealth or withdrawn from the Parliament of the State, continue as at ' the establishment of the Commonwealth, or as at the admission or establishment of the State, as the case may be.