Biography
Known as Bob.
Robert Bullen died at 10 o'clock on Wednesday night. The deceased was an engineer and had been employed at Bummer's Creek by the Australian United Gold-mining Company. He was admitted to the hospital on the 17th of July, suffering from a very malignant cancer. Mr Bullen came from Gympie, in Queensland, where his wife and one grown-up daughter were residing.
Bob Mullen for many years resided at Gympie in Queensland, where, upon receiving news of the death of Mr Bullen, The Gympie Times and Mary River Mining Gazette newspaper correspondent wrote: "For many years, "Bob" Bullen was a familiar figure both in his business as a builder and contractor, and as a heavy speculator, while his famous lawsuit with the now defunct South New Zealand Company, in which he was successful, brought him both fame and gold. He left the field about twelve months ago, but Mrs. Bullen still resides on Gympie."
In April 1882, in the Supreme Court of Queensland, the highly publicised case of Bullen v. the South New Zealand Gold-mining Company action was brought by Robert Bullen against the above company for the recovery of 1800 shares, which he previously held in the company, and which he alleged had been wrongfully declared forfeited, and for £2000 damages for their wrongful forfeiture. Interestingly, the case was heard before His Honour Sir Charles Lilley, Chief Justice. The Attorney-General, with Mr. Noel instructed by Mr. Power, of Gympie (by his agent, Mr. Chambers), appeared for the plaintiff, Mr Bullen.
The Attorney-General, in opening the case, said that the plaintiff had been for a long time a resident of Gympie and had been interested in the mine of the company, who were now the defendants in the case, for eleven years. He was a proprietor before the formation of the company, and when the mine was handed over to the company formed to work it, he was allotted 1800 shares. In 1879, the plaintiff was not very well off; got in arrears with his calls, and in August of that year owed the company about £28. The company compromised with him, and accepted three promissory-notes, which were met at maturity. Not one of these calls was made and a meeting of Directors decided to forfeit the plaintiff's shares.
At a meeting of the company, held on the 8th November, to consider what was to be done with the shares that had been forfeited by the plaintiff and others, Bullen attended, and stated that he had come to make the company an honourable offer. This offer was refused, and the meeting determined to allot the forfeited shares to the remaining members of the company.
The Attorney-General briefly replied to the opening arguments of his learned counsel on the other side, contending that there never had been a forfeiture, and that the plaintiff was entitled to get back his shares on payment of whatever amount was due on them.
The hearing of this case was concluded on 18 April 1882, when judgment was reserved. On Tuesday, 9 May, His Honour delivered judgment. This lengthy judgment concluded: "There will be a declaration, if he elects to redeem, that the forfeiture was waived, that the sale was void, that the plaintiff is entitled to redeem, that the shares be transferred to him, that an account of profits be taken since June, 1880, and that the defendants pay them to the plaintiff, the defendant company being allowed to set off the calls due from plaintiff ... If he elect to take the damages, judgment for plaintiff for £315. The plaintiff will have his costs."
