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http://ssrn.com/abstract=1572935
 


 



Making Up the Issue: The Judges' Role in Formulating Actions in the Crown Colony Period - Pharazyn v. Smith (1844)


Shaunnagh Dorsett


University of Technology Sydney, Faculty of Law

March 16, 2010

Victoria University of Wellington Law Review, Vol. 41, 2010

Abstract:     
This paper considers one of the key procedural innovations of the first Supreme Court rules – the making up of the issue - through the lens of the Supreme Court decision in Pharazyn v. Smith (1844). Making up the issue referred to the process whereby pleadings were drafted in conference with the judge hearing the case. This contrasted with the English system of the time of a series of written exchanges between parties designed to identify the disputed issues of fact and law, and in which the role of the judge was essentially a passive one. Through Pharazyn v. Smith we can see one of the ways in which judges sought to modify English laws to the circumstances of the colony, as well as the judges’ role in shaping litigation, and hence law, in the infant colony.

Number of Pages in PDF File: 27

Keywords: procedure, pleadings, New Zealand, Supreme Court, legal history, colony, circumstances of the colony

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Date posted: September 17, 2010 ; Last revised: July 15, 2013

Suggested Citation

Dorsett, Shaunnagh, Making Up the Issue: The Judges' Role in Formulating Actions in the Crown Colony Period - Pharazyn v. Smith (1844) (March 16, 2010). Victoria University of Wellington Law Review, Vol. 41, 2010. Available at SSRN: http://ssrn.com/abstract=1572935

Contact Information

Shaunnagh Dorsett (Contact Author)
University of Technology Sydney, Faculty of Law ( email )
Sydney
Australia

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