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

Moore v. Faunce [1838] NSWSupC 25

Brisbane Water cases

Supreme Court of New South Wales

Burton J., 19 March 1838

Source: Sydney Herald, 22 March, 1838[ 1]

Monday. - Before Mr. Justice Burton and a Military Jury.

At the opening of the Court the Attorney General called the attention of His Honor to the case of Moore v Faunce, which stood at the bottom of the list.  This case the learned gentleman said it was agreed should be settled several months ago, but by some mistake, it had been allowed to remain in the paper.  An agreement he was requested to state had been entered into, in which in consideration of Mr. Moore discontinuing the action, Captain Faunce undertook to pay all costs due from Mr. Moore, and authorised him, the Attorney General, to say in open Court that Captain Faunce acknowledged his error, that he was satisfied that the sending the search warrant to the plaintiff's house cannot be justified; that he regretted the inconvenience to which Mr Moore had been subjected, and acquitted him of all blame in the transaction.

His Honor directed the case to be struck out of the list.



[ 1]See also Sydney Gazette, 22 March 1838; See also Bean v. Faunce, 1837; Donnison v. Faunce, 1837; Donnison v. Fisher, 1838; Faunce v. Cavenagh, 1838.

On these Brisbane Water Cases, see P.E. Tabuteau (ed.), The Brisbane Water Case 1837-8, Gosford District Local History Study Group, Narara, 1989.

In 1838, the British government announced its intention to end of the system of assigning convicts to work for private masters.  See Glenelg to Gipps, 30 June 1838, Historical Records of Australia, Series 1, Vol. 19, 461-462.  In the meantime, Governor Gipps was placing it under tighter restrictions, including the abolition of assignments of males in towns and as domestic servants: Gipps to Glenelg, 8 October 1838, Historical Records of Australia, Series 1, Vol. 19, 603-604, and see 616, 679 and 773 on the British government's approval of these restrictions.



Published by the Division of Law, Macquarie University