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

Lowrie v. Campbell [1815]

appeal, non-prosecution - bond

Appeal Committee of the Privy Council, 1815

Appeal from New South Wales

Unreported[1] 

Source: PRO PC2/197 Council Register 1 June 1815 to 30 January 1816, p. 388, 27 November 1815

New South Wales

Petition of Campbell

to dismiss Appeal of

Lowrie for Non-Pros.

Refd. to Committee

            Upon reading this day at the Board, the humble Petition of John Thomas Campbell, praying, That the Appeal of John Lowrie, & others from a Judgment of the Court of Appeal in New South Wales, affirming a Judgment of the Court of Civil Jurisdiction of the 2nd. of August 1814, may be dismissed, with Costs, for Non-Prosecution, It is Ordered, &c.

[pp 399-401, 14 December 1815]

New South Wales

Report for dismissing

Appeal of Lowrie vs.

Campbell, with £10

Sterling Costs.

            Your Royal Highness, having been pleased by Your Order in Council of the 27th. of last Month in the Name and on the behalf of His Majesty, to refer unto this Committee the humble Petition of John Thomas Campbell, setting forth; That the Petitioner being resident at Sydney in New South Wales did on or about the Month of August 1814 cause a certain Action to be commenced agst. John Lowrie, D'Arcy Wentworth, and Alexander Ryley on the Plea Side of His Majesty's Supreme Court of Judicature at Sydney aforesaid and that the Petitioner by the Plaint filed in his behalf demanded payment of £450 in lawful Money of Great Britain for Principal and Interest due on a certain Bond dated 3rd. of March 1813 made and entered into by the said John Lowrie and others to the Petitioner in his Official Capacity as Secretary to His Excellency the Governor of the Island [sic] in the Penal Sum of £756..7.. conditioned for the payment of the Sum of £378..3..6 with Interest - That the said Bond was entered into in consequence of certain Goods coming to the above named Colony for Richard Atkins Esquire late Judge Advocate for the Island who had left it before their Arrival, and in consequence of that Event the Governor directed the Goods to be delivered to Mr. Lowrie on his entering into the aforesaid Bond for duly accounting for the produce and paying the Amount thereof to the Petitioner; That the said John Lowrie and others having taken the Goods and sold the same and received the proceeds refused to comply with the condition of the said Bond; - That Issue being joined in the said Cause the same came on to be heard on the 2nd. August 1814 when the Court were of Opinion that the Bond was properly entered into and duly executed and accordingly gave a Verdict in favour of the Petitioner; - That the said John Lowrie and others not satisfied with the aforesaid Judgment on the 9th. August following Appealed therefore to His Excellency the Governor in Chief of the Territory and Judge of the High Court of Appeal against the said Verdict, whereupon the Petitioner on the 14th. September following filed an Answer to such Appeal and His Excellency upon hearing the same was pleased to confirm the Verdict of the Court of Civil Jurisdiction in favour of the Petitioner which Verdict was confirmed by His said Excellency on the 16th. of the same Month; That notwithstanding such Decree and Confirmation the said Appellants for the mere purpose of delay thought fit to Appeal therefrom to His Majesty in Council but the Petitioner is informed that such Appeal has not been prosecuted and that it is not the intention of the said Appellants to Prosecute the same; And therefore the Petitioner humbly prays that the said Appeal may be dismissed with Costs, for Non Prosecution; The Lords of the Committee, in obedience to Your Royal Highness's said Order of Reference this day took the said Petition into Consideration, and were attended by Counsel for the Petitioner thereupon; and it appearing to be almost fifteen Months since the said Judgment was pronounced, and that the Appellants have not during all that time presented their Petition of Appeal therefrom, nor taken any Steps towards prosecuting the same; Their Lordships do agree humbly to report as their Opinion to Your Royal Highness that the said Appeal ought to be dismissed, for Non-Prosecution, with Ten Pounds Sterling Costs.

[p. 403, 30 December 1815]

New South Wales

Order appg. Comttee

Report for dismissing

Appeal of Lowrie vs.

Campbell for Non Pros.

with £10 Stg. Costs.

            Whereas there was this day read at the Board, a Report from the Right Honourable the Lords of the Committee of Council for hearing Appeals from the Plantations &c. dated the 14th. of this Instant, in the Words following Vizt.

Memdum - Here the Committee Report for dismissing Appeal of Lowrie vs. Campbell from New South Wales, was inserted, as Vide Entd. Page -

            His Royal Highness the Prince Regent having taken the said Report into Consideration, was pleased in the Name and on the behalf of His Majesty and by and with the Advice of His Majesty's Privy Council to approve thereof, and to Order, as it is hereby Ordered, That the said Appeal be, and the same is hereby dismissed this Board for Non Prosecution, with Ten Pounds Sterling Costs.  Whereof the Governor, Lieutenant Governor or Commander in Chief of the Colony of New South Wales for the time being, and all other Persons whom it may concern, are to take Notice, and govern themselves accordingly. -

Notes

[1]  The Appeal Book 1781-1819 (held in the office of the Judicial Committee of the Privy Council) records the following:

[1815]

New South Wales

John Lowrie & ors v John Thos. Campbell

[Received] 14 Novr.

[Referred] [tick mark in this box]

[Second lawyers' column] Gregg & Corfield

Petn. to dismiss

Published by the Division of Law, Macquarie University