Barby v Perpetual Trustee Co Ltd

[1937] HCA 64

Barby
vPerpetual Trustee Co Ltd

Court:
High Court of Australia

Judges: Latham CJ
Rich J
Starke J
Dixon J
Evatt J

Case References:
-

Hearing date:
Judgment date: 25 November 1937

Order

Appeal dismissed. Order of Supreme Court affirmed with a variation, the words "the whole of" to be inserted before the words "the income and capital of the residuary estate of the testatrix" where they appear in the order. The Attorney-General and the trustee to have their costs out of the estate as between solicitor and client, and the appellants to have their costs out of the estate as between party and party.

Solicitors for the appellants, Baker & Baker.

Solicitors for the respondent trustee, Percy C. Law & Milne.

Solicitor for the respondent Attorney-General, J. E. Clark, Crown Solicitor for New South Wales.

[1]
[1891] UKHL 1 ; (1891) AC 531

[2]
(1924) AC 496

[3]
(1887) 35 Ch D 460 , at pp 463, 464

[4]
(1913) 1 Ch 314

[5]
(1927) 2 Ch 197

[6]
(1913) 1 Ch 314

[7]
(1927) 2 Ch 197

[8]
(1913) 1 Ch 314

[9]
(1915) 2 KB 170 , at pp 180, 181

[10]
(1805) 10 Ves Jun 521 , at p 531; [1805] EWHC J80 (Ch); [1805] EWHC J80 (Ch); 32 ER 947 , at p 951

[11]
(1891) AC, at p 583

[12]
(1927) 2 Ch, at p 210

[13]
(1924) AC 496

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