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The Brisbane Courier (Qld. : 1864-1933) (about)
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Cite: http://nla.gov.au/nla.news-article3518663
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SUPREME COURT.
FRIDAY, JANUARY 3. CHAMBER BUSINESS.
In Chambers, before his Honour Mr. Justice Mein, the following matters were dealt with :- In the matter of A. C. F. Bernecker, on the application of Mr. Rutledge, an order nisi was ordered to go, calling upon White and the magistrates to show cause before the next Full Court why a conviction against the applicant should not be quashed on the ground that the breach, of the provisions of section 27 of the Brands Act of 1872 complained of was dis- covered more than a month before the informa- don was laid, and why he should not pay the costs of and incidental to this application. Ruthning and Byram v. Boyce : On the hearing of summons for final judgment and taxation of costs, it was ordered that the bill of costs should be referred to the taxing officer pursuant to the statute, plaintiffs to give credit at the time of the taxation for all moneys received by them for or on account of defendant, plaintiffs to be at liberty to sign judgment for the amount of the yaxing officer's allocation in such taxation, with costs to be taxed if the net amount payable to plaintiffs by such allocation shall amount to £30 or upwards, but if the amount so payable shall be less than £30 then such costs shall be fixed at 8 guineas, if it shall ap- pear by the allocation that the plaintiffs are not entitled to any moneys in respect of their bill of cosUs, then this action shall be dis- missed with costs against plaintiffs. Mr. E. M. Lilley appeared for the plaintiffs, and Mr. T. J. Byres for the defendant. Boyce v. South Brisbane Municipal Council : Mr. Byrnes ap- peared for the plaintiff. and Mr. Lilley for defendants. This was a summons lo consoli- date actions Nos. 1367 and 1964 of 1889. The summons was dismissed with costs. J. A. Brinsmead and H. J. Brinsmead v. Robert Tills : On the application of Mr. Joedrell (instructed by Mr. P. W. Nazer, soli-
citor for plaintiffs) an order was made restraining the defendant, his sons, agents, and workmen until hearing or further order from trespassing on the land known as Virginia Plantation, being selection No. 138. Freshwater Creek, in the parish of Cairns, county of Nares, and from felling any trees now growing thereon and from removing from there any timber. The usual undertaking as to damages was directed, the parties to accept short notice of motion. Magee v. Nichols :
On the application of Mr. Forrest (Messrs. Daly and Schacht) it was ordered that personal service of a copy of order and a copy of the writ of summons on Louis Bernard Foley, manager of the London Chartered Bank at Croydon, the duly constituted attorney of the de-
fendant, should be good and sufficient service of writ. Goldworthy and others v. McAllister : On the application of Mr. Stumm it was ordered that service of a copy of this order and of a copy of writ, by sending same in a prepaid post letter addressed to the defendant at his last known place of abode at Taringa, should be good and sufficient service of the same. E. D. Day, as trustee for I. A. Phillips v. Geo. Byrne : On the application of Mr. T. J. Byrnes (instructed by Messrs. Chambers, Bruce, and McNab), an order was made, with the usual undertaking as to damages, restraining the defendant and his agents until judgment or further order from making, levying. or proceeding with any distress against the property of the insolvent. 1. A. Phillips, situated in and upon or about the Opera House Hotel and premises in Queen- street, in respect to any rent accrued due prior to the making of the order of the adjudication of insolvency against the insolvent.