The New South Wales Weekly Notes Volume 13-14. Books Group
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Author: Books Group
Page Count: 394 pages
Published Date: 01 May 2012
Publisher: Rarebooksclub.com
Publication Country: Miami Fl, United States
Language: English
ISBN: 9781231143674
File size: 31 Mb
Download Link: The New South Wales Weekly Notes Volume 13-14
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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897 Excerpt: ... of the selector before it on an enquiry as to the fulfilment of the condition Ofl residence, found that the condition had been fulfilled, and some years afterwards the Minister referred the decision of the Land Board to the Land Appeal Court under s. 59, which provides that the Minister may refer a decision of the Land Board to the Land Appeal Court where the former " has failed or neglected to duly discharge its duty according to law." Held, that the Land Board had not failed or neglected to discharge its duty, and that therefore the Minister had no power to refer the matter to the Land Appeal Court. GARDINER v. Misisrsa 1-'OR LANis----------190 15.----Cr0nrn Lands.4 ct of 1895, s. 59--Refereiice by the Minister of ilecision of Land Board to Lmd Court--Res juclirala N. applied for a conditional purchase of certain lands vliich were held under a. pastoral lease. Vhen the application came before the Local Land Board the pastoral lessees appeared, but not having lodged a caveat against N.'s application the Board hel that they had no locus slazuli, and granted the application. They then ap ealed to the Land Appeal Court. The Minister for Lands was represented by counsel on the appeal. Vhen the matter came on objection was taken on the part of N., that the appellants not bcin r caveators had no locus slandi. The Land Court upheld the objection, and dismissed the appeal. After the passing of the Crown Lands Act of 1895 the Minister for Lands referred the decision of the Land Board to the Land Court under s. 59. When the reference came on, objection was taken by N. that the matter was res judicala. The Land Court upheld the objection. Helrl, on appeal to the Full Court, that as the Land Court had originally dismissed the appeal on a techni...
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