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Unreported Judicial Decisions of the Privy Council, on Appeal from the Australian Colonies before 1850

Flint v. Walker [1845]

appeals - mortgage - goods, security over

Judicial Committee of the Privy Council, 1845

Appeal from New South Wales

Reported as Flint v. Walker (1845, 1847) 5 Moo. P.C. 179, 13 E.R. 459

Source: Printed Cases in Indian & Colonial Appeals Heard in 1847, vol. 43 (kept in the office of the Judicial Committee of the Privy Council))

Reported. 10th. December 1847[1]

Present

Lord Brougham

Master of the Rolls

Lord Campbell

Judge of the Admiralty

Chanr. of the Duchy of Cornwall

Their Lordships agreed to report that the Decree of the Supreme Court of New South Wales ought to be affirmed with costs.

Source: Minutes of the Judicial Committee, 1845-1853, vol. 3, 18 July 1845, p. 31 (kept in the office of the Judicial Committee of the Privy Council)

PRESENT: Ld President, Ld Brougham, Judge of the H Ct of Admiralty, Vice Chancellor Knight Bruce.

Read - petition of J.T.L. Flint for leave to appeal.  "Their Lordships agreed to report that leave to appeal ought to be granted & the appeal to be prosecuted & petition of appeal lodged within one month" of transcript arriving, affidavit in support of allegations, and security for costs given in the Court of Exchequer for £300.

 

Source: Minutes of the Judicial Committee, 1845-1853, vol. 3, 9 December 1847, p. 131 (kept in the office of the Judicial Committee of the Privy Council))

Present Lord Brougham, the Master of the Rolls, Lord Campbell, Judge of the Admiralty, Chancellor of the Duchy of Cornwall.

 

Source: Minutes of the Judicial Committee, 1845-1853, vol. 3, 10 December 1847, p. 132 (kept in the office of the Judicial Committee of the Privy Council))

In the Council Chamber, Whitehall, same membership:

"(reported) Their Lordships agreed to report to H.M. that the Decree of the Supreme Court of New South Wales of     184    ought to be affirmed with costs."[2] 

Notes

[1]         Handwritten into the Printed Papers.

The Appeal Book 1837-1876 (kept in the office of the Judicial Committee of the Privy Council) includes the following:

Whence 1845

Parties Flint v Walker

lodged 14/7/45

Reference refd by genl order 28/11/44

Report 1/7/45

Approved 8/8/45

Soclrs App Hutchinson Crown Court Threadneedle St

Resp Roy & Blunt 18/7/45

Petition for leave to appeal

The same volume of the Appeal Book continues as follows:

Whence 1847

Parties Thomas Edward Flint v Thomas Walker & Archibald Walker

lodged 30/1/47

Reference referred by genl order of 14/11/47

Report 10 Dec 47

Approval 11 Feb 48

Soclrs Appellant Hutchison

Respondent Walton 30 Bucklesbury Feb 5 1847

Observ. [blank]

[2]          Blank spaces in original.

 

Published by the Division of Law, Macquarie University