Squire, Robert Weir v Rogers, Francis C. [1979] FCA 85

CATCHWORDS

Co-owners - lease in perpetuity of land - appellant co-owner in sole occupation carrying on business for reward - sale or partition - allowance for capital expenditure on improvements - account of rents and profits ~ whether respondent co-owner entitled to benefit of income from improvements made by , appellant without contributing thereto - whether appellant entitled to an allowance for his work and labour - effect of

Limitation of Suits and Actions Act, 1866-7, S.A.

Sale or partition - jurisdiction of Court to order same - Partition Act, 1881, S.A. - effect of Darwin Town Area Leases Ordinance, 1947 - temporal reference point for construction of Partition Act, 1881, S.A. - distinction between making a

decree of partition and carrying it into effect.

Application for adjournment - circumstances in which an Appeal Court will interfere with the exercise of discretion of a judge

of first instance as to the mode and time of trying an action.

Application to amend Notice of Appeal ~ reluctance of Appeal Court to permit point to be raised on appeal which was not taken

in the court below does not extend to a question of lack of

jurisdiction ,

ON APPEAL from the Supreme Court of the Northern Territory of Australia

BETWEEN : ROBERT WEIR SQUIRE Appellant (Defendant)

AND : FRANCES C. ROGERS Respondent (Plaintiff)

No. NIG 14 of 1978.

| Coram: Forster, Brennan and Deane Jd.

Sydney

ert ee ee

IN THE FEDERAL COURT OF AUSTRALIA

NORTHERN TERRITORY DISTRICT REGISTRY No. N&G 14 of 1978

GENERAL DIVISION

ON APPEAL FROM THE SUPREME COURT OF THE NORTHERN TERRITORY OF AUSTRALIA

BETWEEN: ROBERT WEIR SQUIRE

Appellant (Defendant)

AND: FRANCES C. ROGERS

Respondent (Plaintiff)

O R D_ E R

JUDGES MAKING ORDER