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accused admitted affidavit agreement alleged amount application Arbitration asked authorised Bank breach Burnside cause of action certiorari charged Chief Justice circumstances claim Commissioner of Railways conclusion Constitution Act contended contract contributory negligence conviction counsel Criminal Crown Crown Suits damages debtor decision defendant company dismissed duty entitled evidence fact Fremantle Full Court gelignite give given granted guilty Harney Haynes held intention judgment jury Kalgoorlie land learned Judge lease Legislature liable license Magistrate matter McMillan Mount Morgans necessary negligence notice objection obtained offence opinion paid Parker parties person Perth Pilkington plaintiff point of law Police possession premises prisoner proceedings proved provides Quarter Sessions question reasonable referred regulations relied respect rule Section 14 seems servants shew shewn Solicitor for appellant Solicitors for respondent South Wales Statement of Claim Statute summons taken trial trustee verdict Warden warrant Western Australia words writ writ of summons
Sivu 230 - Where the buyer, expressly or by implication, makes known to the seller the particular purpose for which the goods are required, and it appears that the buyer relies on the seller's skill or judgment, whether he be the grower or manufacturer or not, there is an implied warranty that the goods shall be reasonably fit for such purpose.
Sivu 55 - I take it, without citing cases, that it is now thoroughly well established that no action will lie for doing that which the Legislature has authorised if it be done without negligence, although it does occasion damage to anyone ; but an action does lie for doing that which the Legislature has authorised, if it be done negligently.
Sivu 78 - Commissioners, are perfectly clear and unambiguous. So long as those functionaries strictly confine themselves within the exercise of those duties which are confided to them by the law this court will not interfere. The court will not interfere to see whether any alteration or regulation which they may direct is good or bad...
Sivu 55 - ... if it be done negligently. And I think that if by a reasonable exercise of the powers, either given by statute to the promoters or which they have at common law, the damage could be prevented it is within this rule ' negligence ' not to make such reasonable exercise of their powers.
Sivu 147 - Until the trustee intervenes, all transactions by a bankrupt after his bankruptcy with any person dealing with him bona fide and for value, in respect of his after-acquired property, whether with or without knowledge of the bankruptcy, are valid against the trustee.
Sivu 162 - Any male person who, in public or private, commits, or is a party to the commission of, or procures or attempts to procure the commission by any male person of, any act of gross indecency with another male person, shall be guilty of a misdemeanour, and being convicted thereof shall be liable at the discretion of the court to be imprisoned for any term not exceeding two years, with or without hard labour.
Sivu 54 - Notwithstanding anything in this Constitution, the Parliament of the State of Western Australia, if that State be an original State, may during the first five years after the imposition of uniform duties of customs, impose duties of customs on goods passing into that State, and not originally imported from beyond the limits of the Commonwealth; and such duties shall be collected by the Commonwealth.
Sivu 146 - A subject of the Queen, resident in any State, shall not be subject in any other State to any disability or discrimination which would not be equally applicable to him if he were a subject of the Queen resident in such other State.