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

Barnett v. Anderson [1888] NSWSupC 1

breach of promise of marriage, civil procedure, change of venue

Supreme Court of New South Wales

FosterJ., 5 October 1888

Source: Sydney Mornnig Herald, 6 October 1888, p. 10

In Chambers. - (Before his Honor Mr. Justice Foster.)

BARNETT V. ANDERSON.

Mr. C.B. Stephen appeared for the defendant, and applied for a change of venue from Sydney to Wagga Wagga, on the ground that he was not likely to obtain a fair trial in Sydney, owing to an article having appeared in an evening newspaper in regard to the case; and that it would be more convenient and less expensive that the witnesses should attend at Wagga Wagga. Mr. Pring appeared for the plaintiff to oppose, and read an affidavit setting out that plaintiff was not likely to obtain a fair trial at Wagga Wagga, owing to the defendant being a solicitor practising at Wagga Wagga, and therefore likely to be on friendly terms with residents who might be on the jury. The action is one for alleged breach of promise of marriage.

His Honor said that he saw no reason to change the venue, but at the same time he thought that plaintiff was blameworthy if she caused the article complained of to be inserted; costs to be costs in the cause.

Published by the Division of Law, Macquarie University