[injunction – landlord and tenant]

Ex parte Lord

Supreme Court of Van Diemen’s Land

In banco, Pedder C.J. and Montagu J., 27 August 1839

Source: Hobart Town Advertiser, 30 August 1839[1]

Iin equity

Ex parte Simeon Lord

            This was a suit arising out of an action of ejectment, in which the said Simeon Lord was defendant. The case was as follows:- Mr. Lord had taken a lease of certain property for 8 years. There being a clause in the lease against under-letting. Mr. Lord applied for permission to sub-let it to one Thomas. No copy was kept of this letter, and the permission given in reply to it was vague and unsatisfactory. After this a declaration in ejectment is served upon Mr. Lord, who thereupon filed a bill of discovery for the purpose of getting at the letter referred to, and in the terms of the prayer of that bill a common injunction was had to stay the common law proceedings, until those in equity were disposed of. The time specified in this injunction had expired, and the application (by Mr. Harrison) before the court was for a renewal of the injunction. - Granted.