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Decisions of the Superior Courts of New South Wales, 1788-1899

Lord, executor of Short v Berry [1830] NSWSupC 21

arbitration, equity procedure

Supreme Court of New South Wales

Forbes C.J., Stephen and Dowling JJ, 20 March 1830

Source: Australian, 24 March 1830

Mr. Keith moved on the part of Mr. Simeon Lord, executor of Short deceased v. Berry, that Mr. Gurner, Clerk of the Court, be directed to take up the arbitration in this case where had had left off.

Mr. Norton contended that this arbitration ought to go to the master.

Mr. Keith on the other hand put it to the equitable sense of the Judges, if it would not be the more speedy and just way to permit one who had already dived into the marrow of the case, was acquainted with its nature and bearings, and had in fact nearly concluded his arbitration, to finish it rather than to put its voluminous and complicated details under the hands of the master, that it might undergo a fresh examination in some four or five years.

The Chief Justice said this was he believed the first Chancery suit that had come into that Court, and the Court was very anxious that it should be determined; for this purpose, Mr. Gurner was to go on with the examination with the master.

Published by the Division of Law, Macquarie University