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

Hurlett v Macmanus (1832) NSW Sel Cas (Dowling) 876; [1832] NSWSupC 12

Supreme Court rules, when binding

Supreme Court of New South Wales

Hearing, March 1832[1 ]

Source: Dowling, Select Cases, Archives Office of N.S.W., 2/3466

 

[p. 150] [The rules of practice ordained by the Judges of the Supreme Court are as binding as an act of Parliament until disallowed by his Majesty.][2 ]

 

Hurlett v Macmanus

 

Keith called the attention of the Court to the 18th Rule of practice contending that it was contrary to the Statute of George 1st which authorizes a Plaintiff to enter an appearance for a defendant and sign interlocutory judgment.  In this case the Plaintiff had not entered an appearance [p. 151] according to the that statute but proposed to assess damages before the time of pleading was out.

Per Curiam  This Court has power to make rules of practice which are as binding as an act of Parliament until disallowed by His Majesty.  There is however nothing repugnant in the 18th rule to the act of George.

 

Notes

[1 ] From its position in the Select Cases, it is likely that this hearing took place in early March 1832.  The Rules of the Supreme Court were published by the Sydney Herald on 18 April 1831; and see the Sydney Gazette, 12 April 1831.

[2 ] The action was for assault and battery, which allegedly occurred during a row in a sly grog shop at Kissing Point: Sydney Herald, 9 April 1832.

Published by the Division of Law, Macquarie University