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Colonial Cases

Davenport v. The Queen, 1877

[ejectment]

Davenport v. The Queen

Judicial Committee of the Privy Council
10 December 1877
Source: The Times, 11 December, 1877

LAW REPORT.
JUDICIAL COMMITTEE OF THE PRIVY COUNCIL, Dec. 10.
(Present - the Lord Chancellor, Sir James Colville, Dir Barnes Peacock, Sir Montague Smith, and Sir Robert Collier.)
Their Lordships held a special sitting today for the hearing of matters of considerable importance.
DAVENPORT v. THE QUEEN.
  This was an appeal from a judgment of the Supreme Court of Queensland of the 9th of March, 1875, discharging a rule to set aside the verdict found for the plaintiff, or for a new trial in an action of ejectment brought in the name of Her Majesty on the fiat of the Attorney-General of Queensland, for the recovery of 320 acres of land in that colony. The main questions involved were, first, whether a lease granted by the Crown, under and in pursuance of the Agricultural Reserves Act of 12863 and the Leasing Act of 1866 to a person under whom the appellant claimed, ever became liable to be forfeited, and next, whether, assuming that it had become so liable, the right of forfeiture in this instance had been waived.
  Mr. Benjamin, Q.C., and Mr. J. Dennistoun Wood were counsel for the appellant; Mr. Kekewich, Q.C., and Mr. C. Bowen (with whom was the Solicitor-General) for the Crown.
  Their Lordships, who had taken time to consider their judgment, now intimated that they would humbly advise Her Majesty to reverse the decree of the Supreme Court, and to allow the appeal, with costs.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School