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Judicature Act, 1873

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  • Pugh v Heath, (1882) 7 App Cas 235 (237): The net effect of Judicature Acts is "not to create two courts - a court of law and equity"
  • Walsh v Lonsdale, (1882) 21 Ch D 9 (14): In regard to Judicature Acts, it is now one Court which is a court of complete jurisdiction, legal and equitable, and in case of any possible conflict, the rules of equity will prevail in it.
  • Ind Cooper and Co v Emmerson (1887) 12 AC 300: "The main object of the Judicature Act was to enable the parties to a suit to obtain in that suit, and without the necessity to another court, all remedies to which they were entitled, so as to avoid multiplicity of action.
  • Salt v Cooper (1880) 16 Ch D 544: "The main object of the Judicature Act, 1873, was to assimilate the transaction of equity business and common law business by different courts of judicature. It has been sometimes inaccurately called 'the fusion of law and equity'; but it was not any fusion or anything of the kind; it was the vesting in one tribunal the administration of law and equity in every case, action, or dispute which should come before the tribunal. That was the meaning of the Act. Then as to that very small number of cases in which there is an actual conflict, it was decided that the rules of equity should prevail. That was to be the mode of administering the combined jurisdiction."