Bank of Australasia v Breillat, 1848

Unreported Judicial Decisions of the Privy Council, on Appeal from the Australian Colonies before 1850

Published by the Division of Law Macquarie University, Sydney

[partnership – ultra vires – appeals]

Bank of Australasia v. Breillat

Judicial Committee of the Privy Council, 1848

Appeal from New South Wales

Reported as Bank of Australasia v Breillat (1847) 6 Moo PC 152; 13 ER 642

Source: Printed Cases in Indian & Colonial Appeals Heard in 1848, vol. 44[1]

“THE BANK OF AUSTRALASIA V. BANK OF AUSTRALIA at Sydney by and in the Name of THOMAS CHAPLIN BREILLAT their Chairman

Reported 15th February 1848

Present

Master of the Rolls

Lord Campbell

Judge of the Admty.

Chancr. of the D of Cornwall

Their Lordships reported &c. (vide Minute Book)”

The Minutes of the Judicial Committee, 1845-1853, Vol. 3, p. 43, record that the petition for leave to appeal was read on 11 February 1846, when counsel for both sides was heard. Their Lordships reported that leave ought to be granted to the bank to "enter and prosecute their said appeal upon giving £300 security for costs" and that the transcript be given to parties in this country, petitioners to pay costs of this day. On 21 June 1847, the committee heard a motion by the respondent for further time to provide additional evidence. Ordered that this motion was to stand over.

10 December 1847 (p. 133): the committee heard counsel for the appellant.

11 December 1847 (p. 134): the committee heard counsel on both sides. Attendance on both days: Lord Brougham, the Master of the Rolls, Campbell J. of Admiralty, the Chancellor of Cornwall.

13 December 1847 (p. 136): resumed hearing.

14 December 1847 (p. 137): continued hearing, to conclusion.

15 February 1848 (p. 146): Present the Archbishop of York, the Master of the Rolls, Campbell J. of Admiralty, the Chancellor of Cornwall. The minutes record the following for this day:

“Their Lordships agreed to report to H.M. as their opinion that the Judgement of the Court below ought to be reversed and Judgement to be entered up for the Appellants as of the date of the original Judgement for the amount found due by the verdict & costs and that the amount of subsequent interest at the same rate at which it is calculated by the verdict ought to be paid by the Respondent to the Appellants together with the costs paid by the Appellants to the Respondent in the Court below, & that this order be carried into effect by the Supreme Court at Sydney.”

13 April 1848 (p. 160): The minutes record the following for this day:

“Their Lordships heard Counsel on behalf of the Respondent in opposition to their Lordships Minutes of the 15th. February and their Lordships agreed to confirm the same.”

Notes

[1]

The Appeal Book 1837-1876 (kept in the office of the Judicial Committee of the Privy Council) includes the following:

Whence NSW 1846

Parties Bank of Australasia v Breillat Chairman of Bank Australia

lodged 24 Jan 1846

Reference referred by genl order 10/11/45

Report 11 Feb 1846

Approval 11 Feb 1846

Soclrs Appellant Farrer & Lincoln[?]

Respondent Freckfield

Observ. For leave to appeal