Booth v Booth [1935] HCA 15

REPORTS OF CASES

DETERMINED IN THE

HIGH COURT OF AUSTRALIA

1935.

{HIGH COURT OF AUSTRALIA.)

BOOTH . : , : ' : " . APPELLANT ; PLAINTIFF, AND en a Sa ieee ow 4) NRROMDENT. Drrenpayt,

ON APPEAL FROM THE CENTRAL COURT OF THE TERRITORY OF NEW GUINEA.

Husband and Wife—Territory of New Guinea—Married woman—Legal capacity— 4 ¢, op a. Title to property — Joint venture — Lease taken up in name of wife — Lease 994 1995, transferred from nominee to wife—Beneficial ownership—Partnership—Money —__, remitted by husband to wife for specified purpose—Failure of purpose—Retention of sypxev, money by wife—Acquiescence by husband—Laws Repeal and Adopting Ordinance 934, 1921-1933 (V.G.) (No. 1 of 1921—No. 25 of 1933), secs. 4, 11, 13, 14, 16.* Nov. 13-15.

'The capacity of a married woman in the Territory of New Guinea to acquire '1935, and enjoy property is not limited as at common law prior to the Married Women's Property Acts.

*'The Laws Repeal and Adopting the name of the German Emperor or Ordinance 1921-1933 (N.G.) provides : the German Government by the com- By sec. 4 :—' (1) Subject to this ordi petent authority for the time being, ance, all Acts, statutes, laws and ordin- —_ and expressed to extend to, or applied 'ances of the German Empire and of any to or in force in the Territory shall, German State, and all . . . legis- as from the commencement of this lative measures enacted . . . in ordinance, cease to extend or apply

H.C. or A.

1934-1935, Ww Boor ' Boors.

to, or be in force in, the Territory. (2)

HIGH COURT (1934-1935,

The meaning and effect of the provision in sec. 16 of the Laws Repeal and Adopting Ordinance 1921-1933 (N.G.) that " the principles and rules of common law and equity that were in force in England on" 9th May 1921 "shall be in force in the Territory " of New Guinea, discussed.