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

Buckles v Russel [1835] NSWSupC 45

Supreme Court of New South Wales

Forbes C.J., Dowling and Burton JJ, 1 June 1835

Source: Sydney Herald, 4 June 1835[ 1]

Buckles & Others v. Russel. - In this case Mr. Wentworth moved that the Court would direct the appointment of Richard Jones, Esq., to take charge of the Cargo of Oil, of the ship Lady Rowena, at present in harbour, having recently arrived from a Whaling voyage; the object of the motion was to secure to the seamen of the said vessel payment of the amount of their claims for wages, the residue of the proceeds, arising from the sale of the said cargo, to be appropriated as the Court might afterwards direct; the complainants were owners of three-fourths of the vessel, in which the defendant (master) had a share of one-fourth, but a dispute having arisen between the parties, and the defendant having attempted to dispose of the cargo, the complainants sought the interference of the Court, in order that the seamen's claim might be satisfied; after a few observations from Mr. S. Stephen, in objection to the motion, it was granted.

 

Notes

[1 ] See also Sydney Gazette, 5 June 1835.

There was a further hearing on 13 June 1835: ``In this case Mr. Wentworth moved for an order of the Court, to bring certain parties before the proper officer, in order to their being examined, they being about to quit the colony.  Granted."  Source: Sydney Herald, 15 June 1835, and seeAustralian, 16 June 1835.

Here was further litigation on 27 June 1835: ``Mr. S. Stephen moved that the receiver in this case be ordered to pay over the sum of £581 1s. 3d. for slops and merchandize furnished to the officers and seamen of the Lady Rowena.  Rule nisi granted, returnable on Saturday next."  Source: Australian, 3 July 1835.

Published by the Division of Law, Macquarie University