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

McFarlane v Weller [1832] NSWSupC 73

trespass on the case - New Zealand - civil procedure - reception of English law, procedure

Supreme Court of New South Wales

Forbes C.J., Stephen and Dowling JJ, 6 October 1832

Source: Sydney Herald, 11 October 1832

 

McFarlane v. Weller and others. - This was an action of trespass in the case for putting plaintiff on shore from the Lucy Ann, at New Zealand, from which he was put to great distress, and underwent considerable hardships.  To the declaration a demurrer had been filed.  The present motion was to set it aside, on the ground of the declaration being strictly formal according to the Rules of Court. - Mr. Norton opposed the motion.

The Chief Justice was of opinion the demurrer must be set aside.

Judge Dowling. - Any person that has served any time in a special pleaders office must be aware of the very able manner in which Mr. Norton has argued the case.  Although the declaration would not contain water in Westminster Hall, it was sufficiently good here under the Rules of Court.

Judge Stephen. - I perfectly coincide with my learned brother.  I am every day more heartily sick of such nonsense.  (Laughter.)  Granted.

Published by the Division of Law, Macquarie University