Tag Archives: PERSONAL INJURY

Best v Best [1844] SASupC 33

Best v Best [1844] SASupC 33 (21 May 1844).

Click to access 33.pdf

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Debtor’s prison abolished in NSW | 21 December 1843

ON 21 DECEMBER 1843, the NSW Insolvency Act 1843 abolished imprisonment for debt.

http://www.austlii.edu.au/au/legis/nsw/num_act/ia1843n22176

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M’Naughten’s case [1843] UKHL J16

ON 19 JUNE 1843, the House of Lords delivered M’Naughten’s case.

The accused was found not guilty on the grounds of insanity. The decision set out the common law principles to be applied when making a defence of insanity.

http://www.bailii.org/uk/cases/UKHL/1843/J16.html

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1840 | Treaty of Waitangi

ON THIS DAY in 1840, the Treaty of Waitangi was entered into between Great Britain and the Maori chiefs of the New Zealand North Island.

http://www.nzhistory.net.nz/politics/treaty/read-the-treaty/english-text

Priestley v Fowler (1837) 3 Mees & Wels 1

ON 23 NOVEMBER 1837, the Court of the Exchequer delivered Priestley v Fowler (1837) 3 Mees & Wels. 1, which introduced the doctrine of the defence of common employment (also known as the fellow servant rule) which protected an employer from being liable for injuries caused by one employee to another in the course of their employment.

The defence has since been abolished by law reform legislation.

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Smith v Kemp [1835] NSWSupC 23

ON THIS DAY in 1835, the Supreme Court of NSW delivered Smith v Kemp [1835] NSWSupC 23.  A physician could not recover fees for his services because he had “clothed himself with the character of a physician” and was a gentleman “above pecuniary consideration”. This rule did not apply to surgeons.

http://www.austlii.edu.au/cgi-bin/disp.pl/au/cases/nsw/NSWSupC/1835/23.html

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Smithers v Hughes [1834] NSWSupC 38

ON 4 APRIL 1834, the Supreme Court of NSW delivered Smithers v Hughes [1834] NSWSupC 38 (4 April 1834).
The court considered a transaction in which a quantity of beer formed part of the consideration to purchase two farms.  The case raises issues regarding the enforceability of agreements regarding the sale of land that are not reduced to writing as is required under the Statute of Frauds.

http://www.austlii.edu.au/au/cases/nsw/NSWSupC/1834/38.html

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Sydney, Australia

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Slavery Abolition Act 1833 (UK)

ON 28 AUGUST 1833, the UK Parliament passed the Slavery Abolition Act 1833.

http://www.legislation.gov.uk/ukpga/Will4/3-4/73/contents

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John Plunkett appointed Solicitor General of NSW

ON 22 OCTOBER 1832, John Plunkett was appointed Solicitor General of New South Wales.

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Supreme Court of NSW establsihed in 1824

ON THIS DAY in 1824, the Supreme Court of New South Wales was established by an official reading of the UK third Charter of Justice dated 13 October 1823.

http://foundingdocs.gov.au/item-sdid-71.html

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