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

Anonymous (1835) NSW Sel Cas (Dowling) 239; [1835] NSWSupC 97

Van Diemen's Land, N.S.W. Supreme Court jurisdiction over

Supreme Court of New South Wales

Forbes C.J., Dowling and Burton JJ, 19 September 1835

Source: Dowling, Select Cases, Vol. 7, S.R.N.S.W. 2/3465, p. 74

A will of land in Van Diemen's Land and recorded in the Supreme Court here, whilst the former colony was under the jurisdiction of the King's Bench of New South Wales, may be transmitted under seal to the Supreme Court of Van Diemen's Land for the purpose of a cause there depending.

During the union of the two colonies of New South Wales and Van Diemen's Land for the purposes of legal jurisdiction, the records of the proceedings of the circuit courts for the latter colony, together with wills &c were kept at Sydney. A will of lands in Van Diemen's Land had been proved there during that period, and brought up and recorded in the then King's Bench at Sydney; and now the lands being in dispute, and a cause at issue in the Supreme Court at Van Diemen's Land.

Foster now applied with the consent of all parties interested, that the said original will should be transmitted under the seal of this Court, to the Supreme Court of Van Diemen's Land, for the purpose of the cause there depending.

The Court. Let the will be transmitted to the Registrar of the Supreme Court at Van Diemen's Land, under the seal of this Court.

Published by the Division of Law, Macquarie University