[equity jurisdiction – equity judge, appointment of]

Pendray v. Greig

Supreme Court of New South Wales

Dowling C.J., Stephen and Willis JJ., 17 November 1840

Source: Sydney Herald, 20 November 1840

In Equity.

            Pendray v. Greig and Another. – In this suit Mr. Broadhurst moved that the defendants’ answers might be taken off the file for irregularity, at the same time, he expressed a doubt whether he was not making the application coram no judicibus; an opinion having been expressed, as he understood, in a high quarter, that until the new appointments were made by the Governor under the recent Act of Council, (4 Vic. No 22 – “An Act to provide for the more effectual administration of justice in New South Wales and its dependencies,”) the equitable jurisdiction of the Court was suspended.  Mr. Justice Willis observed that he would not join in making any order, and that he had already pointed out to the proper authorities the predicament in which the Court would be placed until an equity judge was appointed under the act referred to.  The Chief Justice and Mr. Justice Willis then suggested to Mr. Broadhurst that he had better defer his application for the present, as under the circumstance of the case, the delay could not be injurious to his client.

            In answer to an enquiry by counsel whether the Court would hear any equity causes until the new appointments, we understood the Chief Justice to intimate that the necessity of the new appointments had been represented to His Excellency, and would no doubt meet with his prompt attention; without expressly stating whether the Court would or would not sit in equity in the mean time.

            The application was not pressed.