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Fairclough V Swan Brewery Co Ltd
''Fairclough v Swan Brewery Co Ltd'',. is a English land law, land law case, in which the Judicial Committee of the Privy Council, Privy Council held that restrictions on the right to redeem a mortgage are void. The equity of redemption means that borrowers are able to sell or obtain new mortgage finance promptly and without impinging on other dependent transactions. Background A person who borrows money that is secured against an interest in land (the mortgagor) has a right to redeem the mortgage on repayment of the principal (sum) (plus interest if required by the deed and permitted by the law, such as in a commercial agreement, plus any arrears). This right was enforced by courts of equity and is the equity of redemption. Courts of equity would not permit restrictions on this right, and "[a]ny provision inserted to prevent redemption on payment or performance of the debt or obligation for which the security was given, is what is meant by a clog or fetter upon the equity of re ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Noakes & Co Ltd V Rice
Noakes is a surname of English origin. It means "near the oaks". Notable people with the surname include: * Andrew Noakes, British academic and writer *Benedict Grant Noakes (born 1965), British television producer * Catherine Noakes, British engineer *Chris Noakes (born 1985), New Zealand rugby union player * David Noakes (born 1953), English businessman and political candidate *Edward Noakes (1863–1944), English clergyman *George Noakes (1924–2008), Bishop of St Davids and Archbishop of Wales * John Noakes (1934–2017), British actor, presenter and television personality * John Noakes (cricketer) (1802–1840), English cricketer *Kim Noakes (born 1982), New Zealand field hockey player * Michael Noakes (1933–2018), English artist and portrait painter * Rab Noakes (1947–2022), Scottish singer-songwriter * Ray Noakes (1906–1928), executed for the murder of Fred N. Selak, the Hermit of Grand Lake, Colorado *Roy Noakes (1936–2002), British sculptor * Sheila Noakes, Baron ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
House Of Lords
The House of Lords, also known as the House of Peers, is the Bicameralism, upper house of the Parliament of the United Kingdom. Membership is by Life peer, appointment, Hereditary peer, heredity or Lords Spiritual, official function. Like the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. The House of Lords scrutinises Bill (law), bills that have been approved by the House of Commons. It regularly reviews and amends bills from the Commons. While it is unable to prevent bills passing into law, except in certain limited circumstances, it can delay bills and force the Commons to reconsider their decisions. In this capacity, the House of Lords acts as a check on the more powerful House of Commons that is independent of the electoral process. While members of the Lords may also take on roles as government ministers, high-ranking officials such as cabinet ministers are usually drawn from the Commons. The House of Lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Justices
A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility and arguments of the parties, and then issues a ruling in the case based on their interpretation of the law and their own personal judgment. A judge is expected to conduct the trial impartially and, typically, in an open court. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate. The presiding judge ensures that all court proceedings are lawful and orderly. Powers and functions The ultimate task of a judge is to settle a legal dispute in a final and publicly lawful manner in agreement with substantial pa ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Rooth
John is a common English name and surname: * John (given name) * John (surname) John may also refer to: New Testament Works * Gospel of John, a title often shortened to John * First Epistle of John, often shortened to 1 John * Second Epistle of John, often shortened to 2 John * Third Epistle of John, often shortened to 3 John People * John the Baptist (died c. AD 30), regarded as a prophet and the forerunner of Jesus Christ * John the Apostle (lived c. AD 30), one of the twelve apostles of Jesus * John the Evangelist, assigned author of the Fourth Gospel, once identified with the Apostle * John of Patmos, also known as John the Divine or John the Revelator, the author of the Book of Revelation, once identified with the Apostle * John the Presbyter, a figure either identified with or distinguished from the Apostle, the Evangelist and John of Patmos Other people with the given name Religious figures * John, father of Andrew the Apostle and Saint Peter * Pope John ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert Bruce Burnside
Robert Bruce Burnside (22 April 1862 – 8 August 1929) was an Australian barrister and judge. He served on the Supreme Court of Western Australia from December 1902 until his death. Burnside was born in Nassau, Bahamas, to Mary Elizabeth (née Francis) and Robert Bruce Lockhart Burnside. His father was the colony's solicitor-general at the time, and later served as Chief Justice of Ceylon. After attending the Royal Naval School in London, Burnside studied law, training as a barrister. He entered Lincoln's Inn in 1881 and was called to the bar in 1884, leaving for Western Australia later that year. He initially had his own firm in Perth, but later went into partnership with Douglas Gawler (a future member of parliament) in Fremantle. In January 1891, Burnside was appointed to the position of Usher of the Black Rod in the Legislative Council. He served until July 1894, when he was instead made crown solicitor (equivalent to solicitor-general). In December 1902, Burnside was ap ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chief Justice Of Western Australia
The Chief Justice of Western Australia is the most senior judge of the Supreme Court of Western Australia and the highest ranking judicial officer in the Australian state of Western Australia. The chief justice is both the judicial head of the Supreme Court as well as the administrative head. The chief justice is responsible for arranging the business of the court and establishing its rules and procedures. The office of chief justice was created in 1861 when the Supreme Court was established through the amalgamation of the Court of Quarter Sessions and the Civil Court. The first chief justice was the West Indian born lawyer and former slaveholder Sir Archibald Burt. Initially, in line with the British colonial policy of the time, the chief justices were appointed by the Colonial Office from outside the colony. It was not until 1901 that Western Australia had its first Western Australian born Chief Justice. By convention, the Chief Justice is usually also lieutenant governor, ser ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Stephen Henry Parker
Sir Stephen Henry Parker (7 November 1846 – 13 December 1927) was a lawyer and Chief Justice of the Supreme Court of Western Australia from 1906 to 1914. Biography Early life Stephen Henry Parker was the second son of Stephen Stanley Parker (1817–1904) and his wife Elizabeth, née Sewell. He was the grandson of Stephen Parker (1879), a pioneer settler in York, Western Australia. Parker was educated at the Bishop's School, Perth, and was called to the bar in 1868. Career He became a member of the Western Australian Legislative Council and advocated responsible government for the colony. In 1878 he moved for the introduction of a bill to amend the constitution, but this motion was defeated. A constitution bill for responsible government was passed by the Legislative Council on 26 April 1889, but was met with some opposition in the British House of Commons. It was suggested and agreed that a delegation consisting of the retiring governor, Sir Frederick Broome, Sir Thomas C ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Western Mail (Western Australia)
''The Western Mail'', or ''Western Mail'', was the name of two weekly newspapers published in Perth, Western Australia. Published 1885–1955 The first ''Western Mail'' was published on 19 December 1885 by Charles Harper and John Winthrop Hackett, co-owners of ''The West Australian'', the state's major daily paper. It was printed by James Gibney at the paper's office in St Georges Terrace. In 1901, in the publication ''Twentieth century impressions of Western Australia'', a history of the early days of the ''West Australian'' and the ''Western Mail'' was published. In the 1920s ''The West Australian'' employed its first permanent photographer Fred Flood, many of whose photographs were featured in the ''Western Mail''. In 1933 it celebrated its first use of photographs in 1897 in a ''West Australian'' article. The Western Mail featured early work from a large number of prominent West Australian authors and artists, including; Mary Durack, Elizabeth Durack, May Gibbs, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Robert McMillan (Australian Judge)
Sir Robert Furse McMillan (24 January 1858 – 23 April 1931) was a Chief Justice of the Supreme Court of Western Australia, which is the highest ranking court in the Australian State of Western Australia. McMillan was born in Camden Town, London, England and educated at Westminster School. He was called to the bar in 1881 and in 1902 he was appointed as a judge of the Supreme Court and arrived in Western Australia in 1903. He died on 23 April 1931, immediately after giving a speech at the opening of St George's College. See also * Judiciary of Australia References *Eric J. Edwards,McMillan, Sir Robert Furse (1858 - 1931), ''Australian Dictionary of Biography'', Volume 10, MUP, 1986, pp 341–342. Additional resources listed by the Australian Dictionary of Biography: *''University of Western Australia Law Review'', 6, no 2, December 1963 *''Brighton Times'' (England), 24 September 1880, supplement *''West Australian'', 1 December 1902, 24 & 25 April 1931 *''The Times ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
The West Australian
''The West Australian'' is the only locally edited daily newspaper published in Perth, Western Australia. It is owned by Seven West Media (SWM), as is the state's other major newspaper, ''The Sunday Times''. It is the second-oldest continuously produced newspaper in Australia, having been published since 1833. It tends to have conservative leanings, and has mostly supported the Liberal–National Party Coalition. It has Australia's largest share of market penetration (84% of WA) of any newspaper in the country. Content ''The West Australian'' publishes international, national and local news. , newsgathering was integrated with the TV news and current-affairs operations of ''Seven News'', Perth, which moved its news staff to the paper's Osborne Park premises. SWM also publish two websites from Osborne Park including thewest.com.au and PerthNow. The daily newspaper includes lift-outs including Play Magazine, The Guide, West Weekend, and Body and Soul. Thewest.com.au is the on ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Exclusive Dealing
In Economics and Law, exclusive dealing arises when a supplier entails the buyer by placing limitations on the rights of the buyer to choose what, who and where they deal. This is against the law in most countries which include the USA, Australia and Europe when it has a significant impact of substantially lessening the competition in an industry.Commission, Australian Competition and Consumer (2013-01-09). "Exclusive dealing". Australian Competition and Consumer Commission. Retrieved 2020-11-03. When the sales outlets are owned by the supplier, exclusive dealing is because of vertical integration, where the outlets are independent exclusive dealing is illegal (in the US) due to the Restrictive Trade Practices Act, however, if it is registered and approved it is allowed. While primarily those agreements imposed by sellers are concerned with the comprehensive literature on exclusive dealing, some exclusive dealing arrangements are imposed by buyers instead of sellers Exclusive ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
