The South Australian Law Reports: Report of Cases Determined in the Supreme Court of AustraliaLaw Book Company of Australasia, 1906 |
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Common terms and phrases
action ADELAIDE LICENSING BENCH alleged amended ANGAS appeal application assignees bankruptcy BILLIET brewers BROS certificate classes of licences clauses club licences Coffee Palace colonial ale licences Commonwealth corsets counsel COWAN Customs Cyclorama decision defendant Bank discretion dispensing chemist Distillation Act duty East Torrens electoral districts evidence EXECUTORS fact GORDON half-acre HOMBURG Insolvent Act integer Josiah Symon judgment judicial jurisdiction jury lease letters W.B. liability licences current licences for distillers LICENSING BENCH licensing district licensing justices live stock local option district Lord manslaughter name or initials number of licences objection Option Act option district person petition plaintiffs Port Adelaide present number Pretty & Sons prohibition provisions question renewal resolutions respect Returning Officer rule section 33 shew Sir Josiah Symon sold solicitor South Australia statute storekeepers sub-section TEN BROS three cities label tion trade mark trustees vested W.B. corsets Wallaroo Warner Brothers WEINGAR words Yorke's Peninsula Licensing
Popular passages
Page 90 - but because they will not lend their aid to such a plaintiff. So, if the plaintiff and defendant were to change sides, and the defendant was to bring his action against the plaintiff, the latter would then have the advantage of it; for where both are equally in fault, potior est conditio defendentis.
Page 89 - The principle of public policy is this : — Ex dolo malo non oritur actio. No Court will lend its aid to a man who founds his cause of action upon an immoral or an illegal act. If, from the plaintiff's own stating or
Page 248 - according to law, and not humour. It is to be, not arbitrary, vague and fanciful, but legal and regular. And it must be exercised within the limit, to which an honest man competent to the discharge of his office ought to confine himself: (Wilson v. Rastall, 4 TR at
Page 102 - goods of any such figures, words, or marks, or arrangement or combination thereof, whether including a trade mark or not, as are reasonably calculated to lead persons to believe that the goods are the manufacture or merchandise of some person other than the person whose manufacture or merchandise they really are." (3)
Page 187 - all debts and liabilities present or future, certain or contingent, to which the bankrupt is subject at the date of the order of adjudication, or to which he may become subject during the continuance of the bankruptcy by reason of any obligation incurred previously to the date of the order of adjudication, shall be deemed to be debts provable in bankruptcy.
Page 54 - Where a person is selling goods under a particular name and another person not having that name is using it, it may be presumed that he so uses it to represent the goods sold by himself as the goods of the person whose name he uses ; but where the defendant sells goods under his own name,
Page 170 - as respects time, present or future, certain or dependent, on any one contingency, or on two or more contingencies, as to mode of valuation capable of being ascertained by fixed rules, or assessable only by a jury or as matter of opinion.
Page 170 - Liability shall for the purposes of this Act include any compensation for work or labour done, any obligation or possibility of an obligation to pay money or money's worth on the breach of any express or implied covenant, contract, agreement, or undertaking, whether such breach does or does not occur, or is or is not likely to occur, or capable of
Page 15 - sufficient in law; and any exception, exemption, proviso, excuse, or qualification, whether it does or does not accompany in the same^ section the description of the offence in the Act, order, by-law,
Page 168 - against him, or to be sued in respect of any subsequent non-observance or non-performance of the conditions, covenants, or agreements in any such lease or agreement for a lease; and if the assignees shall decline to take