Equity and Banco Business Expediting Act No 17a (NSW)

No. XIV.

An Act to expedi te Suits and Proceedings in Equi ty and to facilitate the despatch of Business in the Supreme Court in Banco, [2nd November, 1858.]

of t h e said Ac t twelfth Victor ia n u m b e r one shall be repealed except as

WH E R E A S n i n t h section thereof has been found by experience to be inconvenient

the ins t i tu t ion of Sui ts in E q u i t y by Hide Nisi

author ized by t h e Ac t twelfth Victor ia n u m b e r one in t he

a n d t h e proceedings there in a re d i la tory and expensive A n d whereas t h e pressure of business in t he Sup reme Cour t in Banco would be rel ieved if a single J u d g e were enabled to dispose of cer ta in por t ions

of t h a t bus iness in a separate Cour t no twi ths t and ing the s imul taneous

s i t t ing in Banco of t h e o ther J u d g e s or two of t h e m Be i t therefore

enac ted by t h e Queen ' s Mos t Exce l len t Majesty by and with t h e advice and consent of t h e Legislat ive Council and Legislat ive Assembly of N e w Sou th Wales in P a r l i a m e n t assembled and by the au thor i ty of the same as follows :—

1. E r o m t h e t i m e of t he pass ing of th i s A c t t h e n i n t h section

as to sui ts by Rule Nisi a l ready ins t i tu ted—al l proceedings in which

m a y be con t inued as if th i s A c t had not been passed.

2.    Provided t h a t by consent of t h e par t ies t h e Cour t m a y direct

any such sui t now p e n d i n g to be hea rd a n d decided and all orders in respect thereof to be m a d e before and by the P r i m a r y J u d g e in E q u i t y b u t subject in every such case to appeal from such J u d g e to t he Court .

3. The P r i m a r y J u d g e m a y in any suit pe rmi t t h e plaintiff or

defendant (upon an ex parte appl ica t ion for t h a t purpose) to proceed by ru le or summons to shew cause ins tead of by pet i t ion a n d to proceed by s u m m o n s as in Chamber s before t he Mas te r ins tead of by w a r r a n t .

4. The Supreme Cour t may be ho lden by one J u d g e alone for all t h e purposes of t h e Ac t passed in the fifth year of H e r Majesty commonly called t he Inso lvent A c t and of t he Ac t s passed for amend ing t h e same n o t w i t h s t a n d i n g t h a t the Cour t holden before two

or more J u d g e s m a y be a t t he same t i m e s i t t ing in Banco.

5. Provided tha t every appeal from t h e decision of the Chief Commissioner respec t ing t h e al lowance or disallowance of a certificate shall be hea rd and decided before a n d by two or more Judges .

6. The Supreme Cour t may be holden before and by the

P r i m a r y J u d g e in E q u i t y for t h e g r a n t i n g of probates and le t te rs of

adminis t ra t ion or le t te rs ad col l igendum and for t he exercise of t h e

jur isdic t ion of t he Cour t in cases of l unacy and over t h e persons and

proper ty of such as a rc of u n s o u n d m i n d and for t h e disposal of all

mot ions and ma t t e r s in re la t ion the re to respectively.

7. The Supreme Cour t m a y be holden by one J u d g e alone for t he disposal of all r e t u r n s of fines and es t rea ted recognizances and appl icat ions for and r e t u r n s to wr i t s of habeas corpus and eases u n d e r t h e Jus t i ces A c t s of 1850 a n d 1853 no twi th s t and ing t h a t it may be T e r m t ime or t h a t t he Cour t holden before two or more J u d g e s

may be a t t h e same t i m e s i t t ing in Banco .

8. This A c t m a y be ci ted for all purposes as t h e " E q u i t y and

Banco Business Exped i t i ng A c t . "