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Colonial Cases

Larios v. Gurety, 1873

[specific performance]

Larios v. Gurety

Judicial Committee of the Privy Council
19 March 1873
Source: The Times, 20 March, 1873

(Present - Sir J. Colville, Sir B. Peacock, Sir M. Smith, and Sir R. Collier.)
This was an appeal from the Supreme Court of Gibraltar on the Equity side. It was commenced yesterday, and occupied the whole of the day.
  The Solicitor-General and Mr. Hamilton Humphreys appeared for the appellant; Mr. Rigby for the respondent.
  The suit in the Supreme Court was for the specific performance of certain agreements, and the assessors appointed had fixed the amount of damages at $6,075. The whole amount was $7,293 and costs. The parties in the case were Spaniards, and Larios and Brothers were merchants in Gibraltar. On the part of the appellant it was alleged that an agreement to lend or advance money was not such an agreement as a Court of Equity would enforce by a decree for specific performance or by awarding damages for the non-performance of such an agreement. Further, it was alleged that the cause of action did not arise within the garrison and territory of Gibraltar, and therefore the Supreme Court had no jurisdiction to entertain the suit, and that there was no authority to refer the question of damages to assessors.
  The Solicitor-General and Mr. Humphreys were heard in support of the appeal.
  Mr. Rigby, for the respondent, contended that the Supreme Court was right in the view they had taken of the case.
  The case was not concluded when the court adjourned.

Source: The Times, 21 March, 1873

  This case, mentioned in The Times on Thursday, was resumed after the judgment was pronounced in the preceding appeal.
  Mr. Rigby concluded on the part of the respondent.
  The Solicitor -General, Mr. Hamilton Humphreys with him) was heard in reply on the part of the appellant.
  Their Lordships took time to consider their judgment.

Published by Centre for Comparative Law, History and Governance at Macquarie Law School