[appeal, non-prosecution of – arbitration]

Kable v. Lord

Appeal Committee of the Privy Council, 1815

Appeal from New South Wales

Unreported[1]

Source: PRO PC2/193 No. Geo. 3rd. Regency Council Register Mar. 9th. 1812 to Octr. 13th 1812, p. 477

Council Chamber Whitehall 3rd. October 1812

[p. 545] New South Wales

Appeal of Kable and Underwood agt.

Lord Lord. – [sic]

Refd. to Committee

Upon reading this Day at the Board, the humble Petition and Appeal of Henry Kable and James Underwood against Simeon Lord from a Decree of the Governor of New South Wales of the 26th. of October 1810 confirming a Verdict of the Court of Civil Judicature – there entered in Consequence of an Arbitration and Umpirage respecting the Damages for certain alledged [sic] Breaches of Articles of Agreement entered into between the Appellants and the Respondent; And humbly praying that the said Decree may be reversed, or for other Relief in the Premises; It is Ordered &c.

Source: PRO PC2/194 Council Register 26 Oct. 1812 to 15 Jul. 1813, 29 May 1813, p. 428

New South Wales

Order for hearing

Appeal of Kable

and another agst.

Lord and for Summons

for exchange.

            Whereas His Royal Highness the Prince Regent was pleased by His Order in Council of the 13th. of October last, in the Name and on the behalf of His Majesty, to refer unto this Committee the humble Petition and Appeal of Henry Kable and James Underwood against Simeon Lord from a Decree of the Governor of New South Wales of the 26th. October 1810 confirming a Verdict of the Court of Civil Jurisdiction there, entered in consequence of an arbitration and umpirage respecting the Damages for certain alledged [sic] breaches of Articles of Agreement entered into between the Appellants and the Respondent; and Whereas &c. [ut antea].

Source: PRO PC2/196 Council Register 2 July 1814 to 31 May 1815, p. 336, 12 January 1815

New South Wales

Order for Respondent

in Appeal of Kable v.

Lord to bring in Case.

            Upon a Motion this day made to Their Lordships for an Order requiring the Respondent in the Appeal of Henry Kable and another against Simeon Lord, from New South Wales to bring in his printed Case; Their Lordships are pleased to Order, that the said Respondent do deliver his printed Case within One Month from the Service of this Order.

[p. 475, 21 March 1815] New South Wales

Peremptory Order

requiring Lord to

bring in Case to

Appeal of Kable.

            Upon a Motion this day made to Their Lordships for a peremptory Order requiring the Respondent in the Appeal of Henry Kable and anor. against Simeon Lord, from New South Wales, to bring in his Printed Case; Their Lordships are pleased peremptorily to Order, That the said Respondent do deliver his printed Case within a fortnight from the Service of this Order; otherwise Their Lordships will proceed to hear the said Appeal Exparte.

Notes

[1] The Appeal Book 1781-1819 (held in the office of the Judicial Committee of the Privy Council) records the following:

[1812]

New South Wales

Henry Kable & anr. v Simeon Lord

[Received] 14 Sept.

Mr Nind.

Mr Long 1 Elm Court

Under Enquiries, the same Appeal Book recorded the following:

Botany Bay

Kable & Underwood v Lord

[First lawyers' column] 9 Septr 1812 Nind. Throgmorton St