Skip to Content

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

Rowand v. Abercrombie [1842] NSWSupC 53

civil procedure

Supreme Court of New South Wales

Dowling CJ, Burton and Stephens JJ, 23 April 1842

Source: The Sydney Herald, 25 April 1842

            A motion was made in this case by Mr. BROADHURST, the result of which settled a point, which it may be useful for attornies to remember. Under the old Rule of Court now repealed, it was customary for members of the profession, when all the days for the trial of causes were full, to set down all the remaining causes for the last day, which were tried as soon thereafter as time and circumstances permitted. In the above case, the attorney had applied to set the case down for the last day, after it was filled up with the number prescribed by the new rule, but the application was refused by the clerk of the Court.

             Their HONORS now decided, that the clerk had acted correctly, and that after the last day was filled up, according to the rule of Court, no more causes could be set down on that day, than on any other day in the term.   

            The Court adjourned at about five o'clock until ten o'clock this morning.

Published by the Division of Law, Macquarie University