The Commonwealth Law Reports: Cases Determined in the High Court of Australia, Volume 3Law Book Company of Australasia Limited, 1906 |
From inside the book
Results 1-5 of 100
Page 4
... authority , the purchaser cannot , after notice of the agency , pay anybody but the owner or some person authorized to receive payment for him . There is no escape from this dilemma , and , as it is clear on the evidence that Lycett had ...
... authority , the purchaser cannot , after notice of the agency , pay anybody but the owner or some person authorized to receive payment for him . There is no escape from this dilemma , and , as it is clear on the evidence that Lycett had ...
Page 29
... Authority may cause such mines to be inspected by any person appointed by him for that purpose . " 6 ( 3 ) If it appears to the Constructing Authority that the work- ing of such mines or minerals is likely to damage the authorized work ...
... Authority may cause such mines to be inspected by any person appointed by him for that purpose . " 6 ( 3 ) If it appears to the Constructing Authority that the work- ing of such mines or minerals is likely to damage the authorized work ...
Page 42
... authority was not contested before us , and we think we ought to follow it . On these three points , therefore , the amount of damages requires correction . Unless the plaintiff's consent to a reduction of the verdict in accordance with ...
... authority was not contested before us , and we think we ought to follow it . On these three points , therefore , the amount of damages requires correction . Unless the plaintiff's consent to a reduction of the verdict in accordance with ...
Page 54
... authority can be found ; but it was a question for the jury whether , under the circumstances of this case , a fence or some protection should not have been placed there . [ GRIFFITH C.J. - May it not be laid down as a general principle ...
... authority can be found ; but it was a question for the jury whether , under the circumstances of this case , a fence or some protection should not have been placed there . [ GRIFFITH C.J. - May it not be laid down as a general principle ...
Page 56
... authority is in proportion to the magnitude and apparent imminence of the risk : Pollock on Torts , 6th ed . , pp . 418 , 460 ; Daniel v . Metropolitan Railway Co. ( 2 ) . The traveller is not obliged to look for dangers . [ He referred ...
... authority is in proportion to the magnitude and apparent imminence of the risk : Pollock on Torts , 6th ed . , pp . 418 , 460 ; Daniel v . Metropolitan Railway Co. ( 2 ) . The traveller is not obliged to look for dangers . [ He referred ...
Contents
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301 | |
345 | |
389 | |
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419 | |
438 | |
469 | |
482 | |
501 | |
513 | |
731 | |
810 | |
835 | |
854 | |
882 | |
1021 | |
1027 | |
1033 | |
1096 | |
1140 | |
1176 | |
1220 | |
Other editions - View all
Common terms and phrases
action agreement alleged allowed amount appeal applied assessment Australian Jockey Club BROKEN HILL BROUGHALL circumstances claim COMMIS Commissioners common law Commonwealth compensation conditional purchase construction contract costs Council Crown decision dedication defendant employés entitled Equity evidence Excise Act 1901 executors exemption exercise fact Full Court Government grant Griffith C.J. Griffith C.J.
H. C. High Court income intention judgment jurisdiction jury land learned Judge lease legislature liable Lord mandamus matter meaning Melbourne ment Metropolitan Railway Co mortgage municipality necessary officer opinion owner paid parties patent payable payment person plaintiff Postmaster-General premiums proceedings provisions purpose Queensland question Railway reason referred respect respondent road rule SHIRE SIONERS Solicitor South Wales special leave Stamp Duties Statute sub-sec Supreme Court taken taxation testator tion trespass trustees ventilation verdict Vict Victoria Western Australia words
Popular passages
Page 511 - Every sovereign State is bound to respect the independence of every other sovereign State, and the courts of one country will not sit in judgment on the acts of the government of another done within its own territory.
Page 721 - The rule of law is clear, that where one by his words or conduct wilfully causes another to believe 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.
Page 669 - The intention of the party making the annexation, to make the article a permanent accession to the freehold — this intention being inferred from the nature of the article affixed, the relation and situation of the party making the annexation, the structure and mode of annexation, and the purpose or use for which the annexation has been made.
Page 775 - Where the language of a statute, in its ordinary meaning and grammatical construction, leads to a manifest contradiction of the apparent purpose of the enactment, or to some inconvenience or absurdity, hardship or injustice, presumably not intended, a construction may be put upon it which modifies the meaning of the words, and even the structure of the sentence.
Page 381 - Whenever any book or other document is of such a public nature as to be admissible in evidence on its mere production from the proper custody, and no statute exists which renders its contents provable by means of a copy, any copy thereof or extract therefrom shall be admissible in evidence in any court of justice, or before...
Page 549 - ... the workman, or in case the injury results in death, the legal personal representatives of the workman, and any persons entitled in case of death, shall have the same right of compensation and remedies against the employer as if the workman had not been a workman of nor in the service of the employer, nor engaged in his work.
Page 369 - We quite agree, that, where a contract is to do a thing which cannot be performed without a violation of the law it is void, whether the parties knew the law or not. But we think, that in order to avoid a contract which can be legally performed', on the ground that there was an intention to perform it in an illegal manner, it is necessary to show that there was the wicked intention to break the law; and, if this be so, the knowledge of what the law is becomes of great importance.
Page 846 - ... must be an animus dedicandi, of which the user by the public is evidence, and no more; and a single act of interruption by the owner is of much more weight, upon a question of intention, than many acts of enjoyment.
Page 534 - When any department of the public service of a State becomes transferred to the Commonwealth, all officers of the department shall become subject to the control of the executive government of the Commonwealth. Any such officer who is not retained in the service of the Commonwealth shall, unless he is appointed to some other office of equal emolument in the public service of the State, be entitled to receive from the State any pension, gratuity, or other compensation payable under the law of the State...
Page 58 - Actionable negligence consists in the neglect of the use of ordinary care or skill towards a person to whom the defendant owes the duty of observing ordinary care and skill, by which neglect the plaintiff, without contributory negligence on his part, has suffered injury to his person or property.