The Commonwealth Law Reports: Cases Determined in the High Court of Australia, Volume 14Law Book Company of Australasia Limited, 1912 - Law reports, digests, etc |
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Common terms and phrases
Abermain agents agreed allowed amount annuity appellant applied ASSOCIATED NORTHERN ATTORNEY Australia Barton Broken Hill Broughton by-law cent charged circumstances CITY BANK claim clause coal combined agreement contract cost Council covenant Crown declared defendants entitled evidence excess executors f.o.b. price fact Footscray freight Griffith C.J. Healey Hebburn Heddon Greta Howard Smith Huddart Parker intention interest Isaacs judgment jury Kethel KING KNIGHT Land Tax lease letter Lord MCLAUGHLIN meaning Melbourne ment MONWEALTH Newcastle Newcastle coal NORTHERN COLLIERIES offence opinion owner paid parties payable payment Pelaw Main penalty person Pigott plaintiff Port Pirie provision purchaser Queensland question Railway re-insurance reasonable referred respect respondents rise Scott Fell Seaham shipping companies small coal Solicitors South Wales statement Supreme Court SYDNEY tender testator Tibbits tion tons trade tramway trustees Vend Victoria Victorian Railways West Wallsend words
Popular passages
Page 320 - ... 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 735 - Forrester (ubi sup.), and the rule is that, although there may have been negligence on the part of the plaintiff, yet, unless he might by the exercise of ordinary care have avoided the consequences of the defendant's negligence, he is entitled to recover; if by ordinary care he might have avoided them, he is the author of his own Or.
Page 320 - By reason of the negligence of any person in the service of the employer who has the charge or control of any signal, points, locomotive engine, or train upon a railway...
Page 475 - Where acts are not sufficient in themselves to produce a result which the law seeks to prevent — for instance, the monopoly — but require further acts in addition to the mere forces of nature to bring that result to pass, an intent to bring it to pass is necessary in order to produce a dangerous probability that it will happen.
Page 244 - We do not see how a better test can be applied to the question whether reasonable or not than by considering whether the restraint is such only as to afford a fair protection to the interests of the party in favor of whom it is given, and not so large as to interfere with the interests of the public.
Page 68 - That all conditions were fulfilled, and all things happened and all times elapsed necessary to entitle the plaintiff...
Page 465 - ... of whom it is given, and not so large as to interfere with the interests of the public. Whatever restraint is larger than the necessary protection of the party can be of no benefit to either ; it can only be oppressive, and, if oppressive, it is in the eye of the law unreasonable.
Page 132 - ... if, whatever a man's real intention may be, he so conducts himself that a reasonable man would take the representation to be true, and believe that it was meant that he should act upon it, and did act upon it as true, the party making the representation would be equally precluded from contesting its truth...
Page 461 - Thus not specifying but indubitably contemplating and requiring a standard, it follows that it was intended that the standard of reason which had been applied at the common law and in this country in dealing with subjects of the character embraced by the statute, was intended to be the measure used for the purpose of determining whether in a given case a particular act had or had not brought about the wrong against which the statute provided.
Page 7 - Premises, or otherwise to be given to the Occupier thereof, if any, requiring such Owner or Occupier forthwith to take down, secure, or repair such Building, Wall, or other Thing, as the Case shall require ; and if...