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[1910] VLR(83 results)

Cases reported in this volume of the Victorian Reports

R. v. ELTONVLR 1

MADDEN, C.J., HOOD and CUSSEN, JJ.·4 Nov 1909·Supreme Court of Victoria

Criminal lawForgery — Intention to defraud — Public document — Marriage Act 1909 (No. 2192), s. 2 — Permit to marry without notice.

REES v. DOWNERVLR 5

HODGES, J.·19 Nov 1909·Supreme Court of Victoria

Justices Act 1890 (No. 1105), s. 23 (1)Practice — Service — Summons — Abode, last place of.

REX v. O’KANEVLR 8

MADDEN, C.J., HOOD and CUSSEN, JJ.·10 Nov 1909·Supreme Court of Victoria

Criminal lawReceiving — Guilty knowledge — Anticipated defence of innocent receipt of stolen property — Evidence to rebut — Admissibility of — Course of dealing — Finding of "burglar's kit" on prisoner's premises.

IN THE WILL OF HALLVLR 14

A’BECKETT, J.·9 Dec 1909·Supreme Court of Victoria

Wills Act 1890 (No. 1159), ss. 7 and 8Will — Probate — Will written on first, third, and second pages — Signature of testator on second page.

IN THE WILL AND CODICIL OF GRAHAMVLR 16

A’BECKETT, J.·9 Dec 1909·Supreme Court of Victoria

ProbatePractice — Limited grant — Person appointed executor for purpose of carrying into effect certain dispositions — Grant of probate limited to such purposes.

H. BEECHAM & CO. v. R. W. CAMERON & CO.VLR 19

MADDEN, C.J., HOOD, J. and CUSSEN, J.·9 Nov 1909·Supreme Court of Victoria

ContractSale of goods to be shipped abroad — "C.i.f.e." contract — Place of delivery — County Court practice — Jurisdiction — Part of cause of action arising out of jurisdiction.

McKINNON v. GANGEVLR 32

MADDEN, C.J., HOOD and CUSSEN, JJ.·6 Dec 1909·Supreme Court of Victoria

Hackney carriagesNegligence of driver — Liability of cab-owner — By-law 78 of the City of Melbourne — Regulation prohibiting owner from entrusting licensed carriage to any person except as his servant — Prim facie presumption of relation of master and servant — Practice — Overruling by Full Court of its own decisions.

PORTER v. MARTINVLR 38

A’BECKETT, J.·1 Dec 1909·Supreme Court of Victoria

Police Offences Act 1907 (No. 2093), s. 4 (1) (3)Charge of having insufficient lawful means of support — Possession of money honestly obtained — Prostitution — "Lawful means of support" — Money "honestly obtained."

IN RE CAMPVLR 42

A’BECKETT, J.·9 Dec 1909·Supreme Court of Victoria

Deed of assignment for benefit of creditors generallyAct of insolvency — Creditor acquiescing in deed — Delay, effect of — Estoppel — Insolvency.

IN THE WILL OF MITCHELLVLR 44

A’BECKETT, J.·13 Dec 1909·Supreme Court of Victoria

Administration practiceAdministration and Probate Act 1907 (No. 2120), s. 5 (1) (2) — Removal of executor — Parties to summons — Directions of Judge.

GUNNER v. PAYNEVLR 45

MADDEN, C.J.·2 Feb 1910·Supreme Court of Victoria

Pure Food Act 1905 (No. 2010), s. 23Sale of adulterated article of food — Request that part of the article taken for analysis be sent to the Board of Health — Time for making request — Evidence — Good character, evidence of — Previous convictions, evidence of, admissibility.

IN RE BENNETT BROTHERSVLR 51

MADDEN, C.J.·2 Feb 1910·Supreme Court of Victoria

ArbitrationAward — Discovery of material evidence after publication of award — Want of diligence on part of party in whose favour evidence is — Referring back award — Amendment of award.

STUCKEY v. THE TRUSTEES EXECUTORS AND AGENCY CO. LTD.VLR 55

MADDEN, C.J.·3 Feb 1910·Supreme Court of Victoria

Parent and childPurchase in the name of child — Parent to retain life interest — Advancement, presumption of rebutted — Purchase of shares.

HISCOCK v. SALMONVLR 63

HODGES, J.·23 Feb 1910·Supreme Court of Victoria

PracticePleading — Reply — Departure — New ground of claim raised in reply — Rules of Supreme Court — Order XIX., r. 16.

IN THE WILL AND CODICILS OF READVLR 68

A’BECKETT, J.·15 Dec 1909·Supreme Court of Victoria

Widows and Young Children Maintenance Act 1906 (No. 2074), s. 3Jurisdiction and discretion of Court — Maintenance of widow and children — "Left without sufficient means of support."

BREMNER v. NEW NORMANBY QUARTZ MINING COMPANY NO LIABILITYVLR 72

A’BECKETT, J.·15 Dec 1909·Supreme Court of Victoria

Mines Act 1907 (No. 2127), ss. 9, 14Sludge Abatement Board — Order made by Board without notice to party affected — "Audi alteram partem" — Nullity of order — Existence of another remedy — Defence that order a nullity.

IN THE MATTER OF AN ARBTRATION BETWEEN GODFREYVLR 83

MADDEN, C.J.·9 Feb 1910·Supreme Court of Victoria

WaterLand taken for irrigation channels — Compensation, how assessed — Arbitration — Water Act 1905 (No. 2016), sec. 231.

PREBBLE v. REEVESVLR 88

MADDEN, C.J., HOOD, J. and CUSSEN, J.·12 Nov 1909·Supreme Court of Victoria

Constructive trusteeMaster and servant — Fiduciary relationship — Servant employed to sell business as a going concern — Servant secretly procuring determination of master's tenancy and lease for himself — Exclusion of master from premises — Action for trespass — Cross-appeal, notice of — Rules of the Supreme Court 1906 — Order LVIII., r. 6.

IN RE TONGVLR 110

HOOD, J.·16 Mar 1909·Supreme Court of Victoria

Trusts Act 1896 (No. 1421), s. 11Power of trustee or executor to compromise debts, claims, &c. — Compromise of future liability of tenant for life for repairs — Compromise affecting other beneficiaries — Breach of trust.

IN RE HANNAH SUTHERLANDVLR 118

CUSSEN, J.·4 Mar 1910·Supreme Court of Victoria

PracticeProbate — Administration — Revocation — Motion — Evidence — Document — Notary public.

STRONG v. STRONGVLR 122

HODGES, J.·2 Mar 1910·Supreme Court of Victoria

DivorcePresentation of petition — Resumption of cohabitation with respondent — Condonation — Revival of matrimonial offence — Jurisdiction of Court to grant decree nisi — Marriage Act 1890 (No. 1166), s. 74 (b).

TAYLOR v. SINNVLR 125

HOOD, J.·22 Mar 1910·Supreme Court of Victoria

LicensingApplication for licence — Petition of objection by ratepayers — Determination as to neighbourhood — Certainty of — Pronouncement in open Court — Remitting case to Licensing Court on hearing of special case — Licensing Act 1890 (No. 1111). ss. 62, 85, 92, 93.

BULLOWS v. J. KITCHEN AND SONS LTD.VLR 130

A’BECKETT, J.·7 Apr 1910·Supreme Court of Victoria

Health Act 1890 (No. 1098), s. 226Noxious trade causing nuisance — Meaning of "nuisance" — Omission to use means provided to prevent.

WATSON v. BARBYVLR 134

A’BECKETT, J.·13 Apr 1910·Supreme Court of Victoria

Justices Act 1890, s. 98, Schedule II. Form 55Interpleader summons — Withdrawal of claim — Right of magistrate to adjudicate.

EDGAR v. GREENWOODVLR 137

MADDEN, C.J., HOOD, J. and CUSSEN, JJ.·3 Dec 1909·Supreme Court of Victoria

Probate dutySettlement — Rate of duty payable — Administration and Probate Act 1903 (No. 1815) — Second Schedule, Part II., sec. 9 — Grant of judicial or quasi-judicial jurisdiction — Absence of machinery for its exercise — Duty of person granted jurisdiction to prescribe necessary machinery — "Institution for the promotion of science and art" — What is — Administration and Probate Duties Act 1907 (No. 2089), sec. 3.

IN RE GREAT SOUTHERN LAND INVESTMENT CO. LTD.VLR 150

HODGES, J.·26 Nov 1909·Supreme Court of Victoria

CompanyName struck off Register of Companies as defunct — Company carrying on operations thereafter — Restoration of name — Practice — Notice of application — Directions as to meetings to be held after restoration — Companies Act 1896 (No. 1482), s. 161.

IN RE McGOUNVLR 153

A’BECKETT, J.·14 Apr 1910·Supreme Court of Victoria

Widows and Young Children Maintenance Act 1906 (No. 2074), ss. 3, 8 (1)Widow left without sufficient means of support — Application for further provision — Circumstances disentitling her to the benefit of the Act.

THORNTON v. KELLYVLR 156

HODGES, J.·4 Apr 1910·Supreme Court of Victoria

VaccinationNotice to parent — Intimation when and where public vaccinator would attend — Non-attendance of public vaccinator — Duty of parent to have child vaccinated — Health Act 1890 (No. 1098), ss. 194, 204, Schedule 18.

O’DONNELL v. HESLOPVLR 162

MADDEN, C.J., HODGES, J. and CUSSEN, J.·5 Apr 1910·Supreme Court of Victoria

Service and Execution of Process Act 1901, No. 11 (Commonwealth), s. 18Warrant endorsed for execution in another State — Arrest of person charged — Jurisdiction of justice of the peace — Jurisdiction of Judge — Unjust or oppressive, what amounts to — Practice — Form of order.

IN RE SIMPSON & FRICKEVLR 177

HOOD, J.·23 Mar 1910·Supreme Court of Victoria

Supreme Court Art 1890 (No. 1142), s. 211Conveyancing by unqualified persons — Agreement between father and son for transfer of land after father's death in consideration of support by son.

IN RE GLEESONVLR 181

A’BECKETT, J.·14 Apr 1910·Supreme Court of Victoria

WillConstruction — Meaning of the words "dying without leaving lawful issue" — Rule of construction — Meaning of the words "die seised or possessed."

IN RE KNIGHTSVLR 188

A’BECKETT, J.·20 Apr 1910·Supreme Court of Victoria

Insolvency Act 1890 (No. 1102), ss. 37 (1), 45, 47Order nisi for sequestration — Assignment for the benefit of creditors — Acquiescence by petitioning creditor — Estoppel.

ORCHARD v. THE ORIENTAL TIMBER CORPORATION LIMITEDVLR 192

MADDEN, C.J., HOOD and CUSSEN, JJ.·5 May 1910·Supreme Court of Victoria

County Court Act 1890 (No. 1078), s. 51Cause of action fit to be prosecuted in the Supreme Court — Discretion of Judge — Materials for its exercise — Appeal.

BRUTON v. FARM AND DAIRY MACHINERY COMPANYVLR 196

MADDEN, C.J., A’BECKETT and HOOD, JJ.·6 May 1910·Supreme Court of Victoria

ContractWritten document — Parol evidence to explain — When admissible.

THE KING v. H. BEECHAM & CO.VLR 204

MADDEN, C.J., A’BECKETT, J., and CUSSEN, J.·6 Apr 1910·Supreme Court of Victoria

PracticeCounty Court — Costs — No jurisdiction — Cause struck out — Power to award costs to defendant — Refusal of Judge to award costs — Appeal — Mandamus — County Court Act 1890 (No. 1078), ss. 48, 94, 133, 134, 147.

ANNEAR v. INSKIPVLR 235

MADDEN, C.J., A’BECKETT and HOOD, JJ.·6 May 1910·Supreme Court of Victoria

County Court Act 1890 (No. 1078), s. 89Right to jury — Equitable action — Claim for declaration.

IN RE THE INCOME TAX ACTSVLR 240

MADDEN, C.J., A’BECKETT, J. and HOOD, J.·5 May 1910·Supreme Court of Victoria

Income Tax Act 1903 (No. 1819), s. 9 (1)"Profits" earned by a company — Admission in balance-sheet — Effect.

IN THE WILL OF THOMPSONVLR 251

A’BECKETT, J.·11 May 1910·Supreme Court of Victoria

WillConstruction — Contingent gift to infants — Fund set apart — Income — Who entitled to — Trusts Act 1896 (No. 1421), s. 18.

CAIN v. WATSONVLR 256

CUSSEN, J.·8 Nov 1909·Supreme Court of Victoria

WillDirection to accumulate — Validity of — Provision for raising portions — Thellusson Act (Wills Act 1890 (No. 1159), ss. 35, 36) — Trust for sale "with all convenient speed" — Power to postpone sale.

IN RE THE CITY OF MELBOURNE BANK LIMITEDVLR 282

HODGES, J.·31 May 1910·Supreme Court of Victoria

CompaniesExamination of persons capable of giving information concerning the dealings of the company — Companies Act 1890 (No. 1074), s. 109.

GREEN v. JONESVLR 284

CUSSEN, J.·27 May 1910·Supreme Court of Victoria

Criminal lawVagrancy — Lawful means of support, what constitutes — Prostitution — Possession of money and chattels acquired from earnings of prostitution — Money or property honestly obtained — Police Offences Act 1890 (No. 1126), s. 40 — Police Offences Act 1907 (No. 2093), s. 4.

IN RE GARRETTVLR 287

CUSSEN, J.·12 May 1910·Supreme Court of Victoria

TrusteesExecutors — Passing accounts — Commission — Originating summons for sole purpose of passing accounts and obtaining commission — Trustees' costs out of estate — Administration and Probate Act (No. 1060), s. 26.

VARAWA v. HOWARD SMITH AND CO. LTD.VLR 289

MADDEN, C.J., HODGES, J. and CUSSEN, J.·7 Apr 1910·Supreme Court of Victoria

PracticeInterrogatories — Discovery — Fraud, charge of — Communications between solicitor and client — Privilege — Denial of fraud in answer.

MILLER v. THE COMMONWEALTH OF AUSTRALIAVLR 299

A’BECKETT, J.·13 June 1910·Supreme Court of Victoria

PracticeDiscovery and interrogatories — Power to order against the Commonwealth of Australia — Rules of the Supreme Court 1906 — Order XXXI., rr. 5, 12.

LIND v. LINDVLR 302

HODGES, J.·16 June 1910·Supreme Court of Victoria

PracticeMode of trial — Common law claim — Defence of release by deed — Reply that deed procured by fraud and undue influence — Right to jury — Rules of Supreme Court 1906 — Order XXXVI., rr. 3, 6.

IN RE JONESVLR 306

CUSSEN, J.·3 June 1910·Supreme Court of Victoria

WillInterpretation — Gift in equal shares to A. and the children of B. — Gift to class — Division per capita.

IN RE CHEKEVLR 310

HODGES, J.·2 June 1910·Supreme Court of Victoria

Settled Estates and Settled Lands Act 1909 (No. 2235)Tenant for life — Infant absolutely entitled, subject to a condition — Executory limitation over — Possession, estate in.

ROACH v. THE VICTORIAN RAILWAYS COMMISSIONERSVLR 314

HODGES, J.·29 June 1910·Supreme Court of Victoria

PracticeArbitration — Summons for directions — Rules of the Supreme Court 1906 — Order XXX., r. 2 — Action for losses caused by sparks from a railway engine — Railways Act 1896 (No. 1439), s. 21.

CROSS v. DAFFYVLR 316

HODGES, J., CUSSEN, J. and MADDEN, C.J.·28 June 1910·Supreme Court of Victoria

The Justices Act 1890 (No. 1105), ss. 94, 102Justices — Distress — Order for payment of money, in default distress — Application for warrant — Right of defendant to be heard.

RICHARD HORNSBY AND SONS LTD. v. KINGVLR 326

HODGES, J.·29 June 1910·Supreme Court of Victoria

PracticeThird party notice — Amendment — Rules of the Supreme Court 1906 — Order XXVIII., rr. 1, 12 — Order XVI., r. 48.

IN RE COOK AND PREECE’S CONTRACTVLR 328

HODGES, J.·30 June 1910·Supreme Court of Victoria

Contract of saleError in particulars — Vendor's right to annul — Purchaser's right to compensation — "About 40 ft.," meaning of.

IN THE WILL AND CODICILS OF SIMEONVLR 335

A’BECKETT, J.·21 July 1910·Supreme Court of Victoria

PracticeProbate — Administration and Probate Act 1890 (No. 1060), s. 18 — Caveat on behalf of infant — How it may be lodged — Discovery — Right to, how limited.

IN RE FINKVLR 337

A’BECKETT, J.·25 July 1910·Supreme Court of Victoria

Trusts Act 1890 (No. 1150), ss. 34, 36Transfer of Land Act 1890 (No. 1149), s. 188 — New trustee, appointment of — Vesting order where land is under the Transfer of Land Act 1890.

ACKERLY v. PALMERVLR 339

CUSSEN, J.·29 June 1910·Supreme Court of Victoria

AdministrationSureties — Transfer of assets to sureties, validity of — Breach of trust — Parties.

REX v. SCHIFFMANNVLR 348

CUSSEN, J., A’BECKETT, J. and HOOD, J.·2 Aug 1910·Supreme Court of Victoria

Criminal LawReceiving stolen property — Theft, proof of — Identity of goods, proof of — Similarity of goods — Failure to account.

McKEE v. BALLARAT TRUSTEES EXECUTORS AND AGENCY COMPANY LTD.VLR 358

CUSSEN, J.·29 June 1910·Supreme Court of Victoria

WillCorpus — Income — Life tenant — Remainderman — Licence, deprivation of — Compensation — Licensing Act 1890 (No. 1111), s. 44.

REX v. DOWNEYVLR 361

A’BECKETT, J., HODGES, J. and CUSSEN, J.·11 July 1910·Supreme Court of Victoria

PracticeCriminal law — Trial — Persons presented jointly — Power of Court to order separate trials.

DAVIES v. YOUNGVLR 369

A’BECKETT, J.·15 Aug 1910·Supreme Court of Victoria

Licensing Act 1890 (No. 1111), s. 124Licensing Act 1906 (No. 2068), s. 73 — Liquor supplied to intoxicated person — Supply by barman in absence of licensee — Instructions not to supply — Liability of licensee.

WORLAND v. WORLANDVLR 374

A’BECKETT, J.·10 Aug 1910·Supreme Court of Victoria

Husband and wifeDivorce — Petition — Petitioner repeatedly assaulted and cruelly beaten — Marriage Act 1890 (No. 1166), s. 74 (d).

IN THE WILL AND CODICIL OF DRAPERVLR 376

A’BECKETT, J.·21 Mar 1910·Supreme Court of Victoria

WillProbate duty — Voluntary transfer by testator during lifetime — Duty chargeable on property transferred — Direction by testator for payment of funeral and testamentary expenses and debts out of his residuary estate — Administration and Probate Acts (No. 1815), s. 11; (No. 2120), s. 3.

MELLIS v. JENKINSVLR 380

A’BECKETT, J.·30 Aug 1910·Supreme Court of Victoria

Health Act 1890 (No. 1098), ss. 53, 54Unwholesome food — Possession for sale for human consumption — Onus placed by Statute on the defendant — What is necessary to satisfy onus.

BOURCHIER v. THE VICTORIAN RAILWAYS COMMISSIONERSVLR 385

HODGES, J., CUSSEN, J. and A’BECKETT, J.·7 Sept 1910·Supreme Court of Victoria

RailwayConstruction — Embankment — Flood waters — Diversion of waters by embankment — Damage to adjoining lands — Statutory powers — Railways Act 1891 (No. 1250), ss. 4, 5.

IN RE MUNROVLR 395

A’BECKETT, J.·2 Aug 1910·Supreme Court of Victoria

WillConstruction — Maintenance, discretionary trust for — Whence ultimately payable — Effect of in vesting interest in capital — Constructive gift — Series of trusts — Non-arising of first trust — Effect of upon later trusts.

IN RE MEAGHERVLR 407

A’BECKETT, J.·31 Aug 1910·Supreme Court of Victoria

WillConstruction — Life estate to testator's son on attaining twenty-five — Subsequent declaration that son should acquire a profession before getting possession of estate, effect of — Direction that trustees should see that son acquired profession, effect of — Direction to invest trust funds in named securities — Power to invest in securities allowed by the Trusts Acts — Trusts Act 1890 (No. 1150), s. 88 — Trusts Act 1896 (No. 1421), s. 22 — Trusts Act 1906 (No. 2022), s. 4.

THE NATIONAL MUTUAL LIFE ASSOCIATION OF AUSTRALASIA LIMITED v. THE AUSTRALIAN WIDOWS’ FUND LIFE ASSURANCE SOCIETY LIMITEDVLR 411

HOOD, J.·14 Sept 1910·Supreme Court of Victoria

PracticeEvidence Act 1890 (No. 1088), ss. 4, 10 — Service and Execution of Process Act (Commonwealth) 1901 (No. 11), s. 16 — Evidence — Commission to examine witnesses in another State.

IN THE WILL OF STAUGHTONVLR 415

A’BECKETT, J.·13 Sept 1910·Supreme Court of Victoria

WillProbate duty — Apportionment of — Apportionment on wrong principle — Mistake of law — Agreement by tenant for life to pay amount so apportioned not binding — Administration and Probate Act 1890 (No. 1060), s. 103 — Administration and Probate Act 1907 (No. 2120), s. 3.

RYAN v. FORANVLR 422

HOOD, J.·27 Sept 1910·Supreme Court of Victoria

Licensing Act 1906 (No. 2068), s. 98Information relating to betting — What is — Past races, information relating to betting on.

LOTHIAN v. RICKARDSVLR 425

CUSSEN, J., A’BECKETT, J. and HOOD, J.·7 Sept 1910·Supreme Court of Victoria

NegligenceLandlord and tenant — Building let in flats — Duty of landlord to protect tenants on lower floors — Injury caused by water from upper floor — Intervening malicious act of third person.

HARNEY v. THE PRESIDENT, COUNCILLORS, AND RATEPAYERS OF THE SHIRE OF HUNTLYVLR 455

HOOD, J.·29 Sept 1910·Supreme Court of Victoria

PracticeRules of the Supreme Court of 1906 — Order XXXVI., r. 11 — Entry of cause for trial — "Sittings that shall be holden next after the time of entering" — Meaning of.

MORENO v. SLINNVLR 457

MADDEN, C.J.·6 Oct 1910·Supreme Court of Victoria

Husband and wifeNecessaries — Sale by deserted wife of her husband's goods — Wife's authority.

THE KING v. THE MAYOR, COUNCILLORS, AND CITIZENSVLR 460

HOOD, J.·12 Oct 1910·Supreme Court of Victoria

PracticeHealth Act 1890 (No. 1098), s. 225 — Three convictions — Existence of, sufficient — Appeal to the Board — Right to be heard on appeal — "Board of Public Health" — Liability to be sued under that name.

IN THE WILL AND ESTATE OF GRAHAMVLR 466

A’BECKETT, J.·5 Aug 1910·Supreme Court of Victoria

PracticeAdministration — Legal estate in trust premises outstanding at executor's death — Executorial duties completed — Administration de bonis non.

IN THE ESTATE OF GREENWAYVLR 469

HOOD, J.·28 Sept 1910·Supreme Court of Victoria

AdministrationProbate and Administration Rules 1906, rr. 4, 15 — Grant of limited administration — "Peculiar circumstances" — Power to dispense with compliance with rules.

IN THE WILL OF CONNELLVLR 471

MADDEN, C.J.·7 Oct 1910·Supreme Court of Victoria

WillConstruction — Heir-at-law — Right heirs — Devise to testator's right heirs — Power of appointment — Legacies to objects of power charged on subject-matter of power — Valid exercise of power.

IN RE LORDVLR 477

HOOD, J.·12 Oct 1910·Supreme Court of Victoria

WillConstruction — Precatory trust — Hoping.

O’DONNELL v. DODDVLR 482

MADDEN, C.J., HODGES, J. and HOOD, J.·13 Oct 1910·Supreme Court of Victoria

Police Offences Act 1890 (No. 1126), ss. 37, 62, 64"Using a room for the purpose of unlawful gaming being carried on therein" — User, what is — Gaming, what is unlawful — Lotteries Gaming and Betting Act 1906 (No. 2055), s. 31 — Lottery, what is.

BROOKER v. BROOKERVLR 488

CUSSEN, J.·27 Oct 1910·Supreme Court of Victoria

Husband and wifeDivorce — Alimony pendente lite — Deed of separation containing covenant not to require payment of maintenance.

FALCONER v. FALCONERVLR 489

CUSSEN, J.·18 Oct 1910·Supreme Court of Victoria

Marriage Act 1890 (No. 1166), ss. 43, 51Husband and wife — Maintenance order, arrears due under — Action for recovery — Obligation imposed by Statute — Remedy provided.

IN RE HOPE’S TRUSTSVLR 492

A’BECKETT, J.·29 Aug 1910·Supreme Court of Victoria

TrusteesIncapacity from mental and physical infirmity — Appointment of new trustee — Land under Transfer of Land Act — Vesting order, power of Court to make — Trusts Act 1890 (No. 1150), s. 4 — Trusts Act 1896 (No. 1421), s. 7.

CLARKE v. NORTONVLR 494

CUSSEN, J.·7 Nov 1910·Supreme Court of Victoria

PracticeDefamation — Libel — Fair comment — Justification — Plea that in so far as the words complained of consist of statements of fact they are true in substance and in fact, and in so far as such words consist of comment they are fair and bon fide comment on matters of public interest.

VARAWA v. HOWARD SMITH CO. LTD.VLR 509

HODGES, J., HOOD, J., and CUSSEN, J.·3 Oct 1910·Supreme Court of Victoria

Malicious arrestMalicious prosecution — Arrest in foreign country — Proof of termination of prior proceedings in plaintiff's favour — Abuse of process of the Court — International law.

DICKASON v. EDWARDSVLR 537

[Coram GRIFFITH, C.J., O’CONNOR AND ISAACS, JJ.]·24 Mar 1910·In the High Court of Australia

Friendly societyDomestic tribunal — Disqualification — Personal interest — Nemo debit esse judex in propri su caus — Interpretation of rules — Expulsion of member — Friendly Societies Act 1890 (No. 1094), s. 20.

DAVID SYME & CO. v. SWINBURNEVLR 539

[Coram GRIFFITH, C.J., BARTON, O’CONNOR, ISAACS, AND HIGGINS, JJ.]·15 Mar 1909·In the High Court of Australia

Trial by juryMisconduct of juryman — New trial — Evidence — Discharge of jury — Withdrawal of discharge — Juries Act 1895 (No. 1391), s. 4 (2) — Libel — Excessive damages.