In equity, a plaintiff may commence proceedings as administrator before obtaining a grant of letters of administration, provided the grant is obtained before trial and pleaded; this equitable rule may save an action from summary dismissal where the common law rule would otherwise render the writ a nullity. A plea of the statute of limitations cannot ordinarily be relied upon to justify striking out an action as an abuse of process; limitation questions should not be decided in interlocutory proceedings except in the clearest of cases. No Australian decision has recognised a general fiduciary obligation on the part of government towards Aboriginal persons in respect of personal property (as distinct from native title land).
The full text is available to signed-in members, including the 11 later cases that cite this judgment.
1 of the 11 citing cases carry a classified treatment. How each court treated it is available to signed-in members.