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Latec Investments Ltd V Hotel Terrigal Pty Ltd
''Latec Investments Ltd v Hotel Terrigal Pty Ltd''. is a 1965 property law decision of the High Court of Australia The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution. The High Court was established following passage of the '' Judiciary Act 1903''. .... It contains a discussion of the principles upon which the priority of competing equitable interests in land is to be determined. Facts Latec was the mortgagee of land owned by Hotel Terrigal. Hotel Terrigal fell into arrears in repaying the loan and Latec, purporting to exercise its mortgagee’s power of sale, sold the property. It conducted an auction on an unfavourable day of the week with little time for proper advertisement (to make sure that the property could not be sold at the auction). The highest bid was 58,000 and later Latec sold the property to its wholly owned subsidiary, Southern Hotels for 60,000 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia
The High Court of Australia is Australia's apex court. It exercises original and appellate jurisdiction on matters specified within Australia's Constitution. The High Court was established following passage of the '' Judiciary Act 1903''. It derives its authority from Chapter III of the Australian Constitution, which vests it responsibility for the judicial power of the Commonwealth. Important legal instruments pertaining to the High Court include the ''Judiciary Act 1903'' and the ''High Court of Australia Act 1979''.. Its bench is composed of seven justices, including a Chief Justice, currently Susan Kiefel. Justices of the High Court are appointed by the Governor-General on the advice of the Prime Minister and are appointed permanently until their mandatory retirement at age 70, unless they retire earlier. The court has resided in Canberra since 1980, following the construction of a purpose-built High Court Building, located in the Parliamentary Triangle and over ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Justice
The High Court of Justice in London, known properly as His Majesty's High Court of Justice in England, together with the Court of Appeal and the Crown Court, are the Senior Courts of England and Wales. Its name is abbreviated as EWHC (England and Wales High Court) for legal citation purposes. The High Court deals at first instance with all high value and high importance civil law (non- criminal) cases; it also has a supervisory jurisdiction over all subordinate courts and tribunals, with a few statutory exceptions, though there are debates as to whether these exceptions are effective. The High Court consists of three divisions: the King's Bench Division, the Chancery Division and the Family Division. Their jurisdictions overlap in some cases, and cases started in one division may be transferred by court order to another where appropriate. The differences of procedure and practice between divisions are partly historical, derived from the separate courts which were merged in ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
High Court Of Australia Cases
High may refer to: Science and technology * Height * High (atmospheric), a high-pressure area * High (computability), a quality of a Turing degree, in computability theory * High (tectonics), in geology an area where relative tectonic uplift took or takes place * Substance intoxication, also known by the slang description "being high" * Sugar high, a misconception about the supposed psychological effects of sucrose Music Performers * High (musical group), a 1974–1990 Indian rock group * The High, an English rock band formed in 1989 Albums * ''High'' (The Blue Nile album) or the title song, 2004 * ''High'' (Flotsam and Jetsam album), 1997 * ''High'' (New Model Army album) or the title song, 2007 * ''High'' (Royal Headache album) or the title song, 2015 * ''High'' (EP), by Jarryd James, or the title song, 2016 Songs * "High" (Alison Wonderland song), 2018 * "High" (The Chainsmokers song), 2022 * "High" (The Cure song), 1992 * "High" (David Hallyday song), 1988 * ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Obiter
''Obiter dictum'' (usually used in the plural, ''obiter dicta'') is a Latin phrase meaning "other things said",'' Black's Law Dictionary'', p. 967 (5th ed. 1979). that is, a remark in a legal opinion that is "said in passing" by any judge or arbitrator. It is a concept derived from English common law, whereby a judgment comprises only two elements: '' ratio decidendi'' and ''obiter dicta''. For the purposes of judicial precedent, ''ratio decidendi'' is binding, whereas ''obiter dicta'' are persuasive only. Significance A judicial statement can be '' ratio decidendi'' only if it refers to the crucial facts and law of the case. Statements that are not crucial, or which refer to hypothetical facts or to unrelated law issues, are ''obiter dicta''. ''Obiter dicta'' (often simply ''dicta'', or ''obiter'') are remarks or observations made by a judge that, although included in the body of the court's opinion, do not form a necessary part of the court's decision. In a court opinion, '' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Edward Sugden, 1st Baron St Leonards
Edward Burtenshaw Sugden, 1st Baron Saint Leonards, (12 February 178129 January 1875) was a British lawyer, judge and Conservative politician. Background Sugden was the son of a high-class hairdresser and wig-maker in Westminster, London. Details of his education are said to be "obscure". It appears that he was mostly self-taught, although he also attended a private school. His humble origins and rapid rise were frequently remarked upon by his contemporaries: when he first attempted to enter Parliament, he was heckled at hustings for being the son of a barber. Later, Thomas Fowell Buxton would write that "there are few instances in modern times of a rise equal to that of Sir Edward Sugden". Legal and political career After practising for some years as a conveyancer, Sugden was called to the bar at Lincoln's Inn in 1807, having already published his well-known ''Concise and Practical Treatise on the Law of Vendors and Purchasers of Estates''. In 1822 he was made King's Counsel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Richard Bethell, 1st Baron Westbury
Richard Bethell, 1st Baron Westbury, (30 June 1800 – 20 July 1873) was a British lawyer, judge and Liberal politician. He served as Lord High Chancellor of Great Britain between 1861 and 1865. He was knighted in 1852 and raised to the peerage in 1861. Background and education Born at Bradford on Avon, in Wiltshire, he was the eldest son of the physician Richard Bethell of Bristol and Jane (''née'' Baverstock). He was from an old Welsh family originally named ''Ap Ithel''. His younger brother was John Bethell. He was educated in Bath and Bristol before attending Wadham College, Oxford at only 14 years old. He received a scholarship the next year. He took first-class honours in classics and second class in mathematics, and he graduated as a Bachelor of Arts in 1818 and was elected a fellow of his college. In 1823, Bethell was called to the bar at the Middle Temple. Career Westbury was made a Queen's Counsel in 1840 was appointed Vice-Chancellor of the County Palatine of Lanc ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Chancellor Of The High Court
The Chancellor of the High Court is the head of the Chancery Division of the High Court of Justice of England and Wales. This judge and the other two heads of divisions (Family and Queens Bench) sit by virtue of their offices often, as and when their expertise is deemed relevant, in panel in the Court of Appeal. As such this judge ranks equally to the President of the Family Division and the President of the Queen's Bench Division. From 1813 to 1841, the solitary and from 1841 to 1875, the three ordinary judges of the Court of Chancery — rarely a court of first instance until 1855 – were called vice-chancellors. The more senior judges of the same court were the Lord Chancellor and the Master of the Rolls (who were moved fully to the Court of Appeal above in 1881). Each would occasionally hear cases alone or make declarations on paper applications alone. Partly due to the old system of many pre-pleadings, pleadings and hearings before most cases would reach Chancery the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Richard Torin Kindersley
Sir Richard Torin Kindersley (1792–1879) was an English lawyer and judge. He was born, the eldest son of Nathaniel Edward Kindersley, at Madras, India, in 1792, and educated at Haileybury and Trinity College, Cambridge, becoming a fellow in 1815 and M.A. in 1817. He was called to the Bar ( Lincoln's Inn) in 1818 and developed a Chancery practice. From 1847 to 1851, he served as Chancellor of the County Palatine of Durham. In 1848 he was appointed Master in Chancery, followed by an appointment as Vice-Chancellor in 1851. He had a reputation as a sound equity judge. He retired in 1866, but continued to sit on the Judicial Committee of the Privy Council. References Fellows of Trinity College, Cambridge 19th-century English judges Members of the Judicial Committee of the Privy Council 1792 births 1879 deaths Members of the Privy Council of the United Kingdom Richard Richard is a male given name. It originates, via Old French, from Old Frankish and is a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Equity (law)
Equity is a particular body of law that was developed in the English Court of Chancery. Its general purpose is to provide a remedy for situations where the law is not flexible enough for the usual court system to deliver a fair resolution to a case. The concept of equity is deeply intertwined with its historical origins in the common law system used in England. However, equity is in some ways a separate system from common law: it has its own established rules and principles, and was historically administered by separate courts, called " courts of equity" or "courts of chancery". Equity exists in domestic law, both in civil law and in common law systems, and in international law. The tradition of equity begins in antiquity with the writings of Aristotle (''epieikeia'') and with Roman law (''aequitas''). Later, in civil law systems, equity was integrated in the legal rules, while in common law systems it became an independent body of law. Equity in common law jurisdictions (gener ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Commonwealth Law Reports
The Commonwealth Law Reports (CLR) () are the authorised reports of decisions of the High Court of Australia. The Commonwealth Law Reports are published by the Lawbook Company, a division of Thomson Reuters. James Merralls AM QC was the editor of the Reports from 1969 until his death in 2016. The current editors are Christopher Horan KC and Paul Vout KC. Each reported judgment includes a headnote written by an expert reporter (by convention, a practising barrister) which, as an authorised report, has been approved by the High Court. The current reporters are as follows: * Roshan Chaile * Ella Delany * Bora Kaplan * Rudi Kruse * James McComish * William Newland * Alistair Pound SC * Daniel Reynolds * Alexander Solomon-Bridge * Julia Wang * Michael Wells * Jillian Williams * Radhika Withana The headnotes include a summary of counsel's legal arguments. The Reports also include tables of cases reported, affirmed, reversed, overruled, applied or judicially commented on and cit ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Property Law
Property law is the area of law that governs the various forms of ownership in real property (land) and personal property. Property refers to legally protected claims to resources, such as land and personal property, including intellectual property. Property can be exchanged through contract law, and if property is violated, one could sue under tort law to protect it. The concept, idea or philosophy of property underlies all property law. In some jurisdictions, historically all property was owned by the monarch and it devolved through feudal land tenure or other feudal systems of loyalty and fealty. History Though the Napoleonic code was among the first government acts of modern times to introduce the notion of absolute ownership into statute, protection of personal property rights was present in medieval Islamic law and jurisprudence, and in more feudalist forms in the common law courts of medieval and early modern England. Theory The word ''property'', in everyda ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
