Bullivant and Others v Attorney-General for Victoria (on Behalf of HM)

JurisdictionUK Non-devolved
Judgment Date02 May 1901
Judgment citation (vLex)[1901] UKHL J0502-1
CourtHouse of Lords
Date02 May 1901

[1901] UKHL J0502-1

House of Lords

Bullivant and Others
and
Attorney-General for Victoria (On Behalf of Her Majesty).
1

After hearing Counsel, as well on Tuesday last as this day, upon the Petition and Appeal of William Hose Bullivant, of Yeo Irrewarra, in the colony of Victoria, grazier, Joseph Henry Grey, of Geelong, in the said colony, solicitor, as executors of the will of James Austin, deceased, and in their personal capacities, and Frank Austin, of Avalon, near Lara, in the colony of Victoria, Esquire, and Stanley Austin, of Glastonbury, in the county of Somerset, solicitor, praying, That the matter of the Order set forth in the Schedule thereto, namely, an Order of Her Majesty's Court of Appeal, of the 10th of April 1900, might be reviewed before Her Majesty the Queen in Her Court of Parliament, and that the said Order might be reversed, varied, or altered, or that the Petitioners might have such other relief in the premises as to Her Majesty the Queen, in Her Court of Parliament, might seem meet; as also upon the printed Case of Her Majesty's Attorney-General for Victoria, on behalf of Her Majesty, lodged in answer to the said Appeal; And due consideration being had of what was offered on either side in this Cause:

2

It is Ordered and Adjudged, by the Lords Spiritual and Temporal, in the Court of Parliament of His Majesty the King assembled, That the said Order of Her late Majesty's Court of Appeal, of the 10th day of April 1900, complained of in the said Appeal,...

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96 cases
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    • St Vincent
    • High Court (Saint Vincent)
    • 27 September 2006
    ...argument of fraud of which any Court ought to take notice.'" "As the Earl of Halsbury LC said inBullivant v Attorney General for Victoria [1901] AC 196 at 202 where it is intended that there be an allegation that a fraud has been committed, you must allege it and you must prove it. We are c......
  • Bradshaw v McMullan
    • Ireland
    • King's Bench Division (Ireland)
    • 24 April 1918
    ......Attorney-General ( 2 ); Ramsden v. Lupton ( 3 ). Does the statute by ..., “or assessed on said premises.” The argument on behalf of the defendant would be strengthened if the words were ......
  • Dubai Aluminium Company Ltd v Sayed Reyadh Abdulla S Nasser Al Alawi and Others
    • United Kingdom
    • Queen's Bench Division (Commercial Court)
    • 3 December 1999
    ...... 1238 ; [ 1995 ] 4 All E.R. 511 , C.A. . Bullivant v. Attorney-General for Victoria [ 1901 ] A.C. 196 , H.L.(E.) . ...11 for discovery of documents obtained by Page Associates on behalf of the Government of Dubai and the plaintiff and their analysis of the ......
  • Robert Sofer v SwissIndependent Trustees SA
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    • Chancery Division
    • 2 August 2019
    ...see Kerr on Fraud and Mistake 7th ed (1952), p 644; Davy v Garrett (1878) 7 Ch D 473, 489; Bullivant v Attorney Genera; for Victoria [1901] AC 196; Armitage v Nurse [1998] Ch 241, 256. This means that a plaintiff who alleges dishonesty must plead the facts, matters and circumstances relied......
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2 books & journal articles
  • Table of Cases
    • United Kingdom
    • International Journal of Evidence & Proof, The No. 11-4, October 2007
    • 1 October 2007
    .... . . . . . . . . . . . . . . . . . . 58Brown v Stott [2003] 1 AC 681, PC. . . . . . . . . . 335Bullivant v Attorney-General for Victoria[1901] AC 196. . . . . . . . . . . . . . . . . . . . . . . . .324Bullock v Corry (1878) 3 QBD 356. . . . . . . . . . 323Burning v Cross (1978) 141 CLR 54.......
  • Electronic discovery issues: disclosure requirements in Britain, Canada, and Australia.
    • United States
    • Defense Counsel Journal Vol. 65 No. 2, April 1998
    • 1 April 1998
    ...(1992). (61.) THE TIMES, 13 October 1997. (62.) Id. (63.) R. v. Cox and Railton, (1884) 14 Q.B.D. 153; Bullivant v. A.G. for Victoria, [1901] A.C. 196; Bristol & West Bldg. Soc'y v. Nelsons, Lawtel, 4 October 1996 (otherwise (64.) Limitation Act 1980, Section 33(3)(f); Jones v. G.D. Sea......

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