The South Australian Law Reports: Report of Cases Determined in the Supreme Court of Australia

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Law Book Company of Australasia, 1906

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Página 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.
Página 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
Página 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
Página 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)
Página 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.
Página 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,
Página 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.
Página 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
Página 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,
Página 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

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