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[1911] VLR(79 results)

Cases reported in this volume of the Victorian Reports

ARMSTRONG v. GREAT SOUTHERN GOLD MINING CO.VLR 1

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

County Court Rules 1891, r. 188"Within seven clear days," meaning of — Interpretation clause, applicability of.

HADDON v. LYNCHVLR 5

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

NuisanceChurch bell — Unreasonable disturbance.

AUSTIN v. RICHARDSONVLR 11

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

MarketDisturbance of market — Shop, what is — Markets Act 1890 (No. 1115), s. 25 — Prohibition of sale of provisions in places other than places appointed by the Commissioners.

IN THE WILL OF MUNROVLR 20

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

PracticeProbate — Application for probate to earlier will, later will being in existence — Testamentary incapacity at date of later will — Procedure — Caveat — Order nisi.

LOOKER & SONS v. DOVETONVLR 23

MADDEN, C.J., HODGES, J. and HOOD, J.·7 Nov 1910·Supreme Court of Victoria

Principal and AgentEstate agent — Sale of land — Agent's right to commission — "Introduce a buyer," meaning of.

WRIGHT v. WRIGHTVLR 28

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

Husband and wifeDivorce — Evidence — Repeated act of adultery — Proof of — Certificate of birth of illegitimate child registered by respondent, who described himself as father.

REX v. LONGVLR 30

CUSSEN, J.·14 Oct 1910·Supreme Court of Victoria

VenueApplication to change venue — Criminal charge — Second trial — Publication in district of statements made by jurors relating to first trial — Crimes Act 1890 (No. 1,079), s. 406.

LAING v. LAINGVLR 37

A’BECKETT, J.·24 Nov 1910·Supreme Court of Victoria

Husband and wifeDivorce — Desertion — Insanity of respondent intervening after beginning of desertion — Marriage Act 1890 (No. 1166), s. 74 (a).

IN RE BROWN’S BILL OF COSTSVLR 39

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

PracticeCosts — Solicitor and client — Proposed County Court action never begun — On what scale costs actually incurred taxable — County Court Rules 1891.

RICHARDS v. RICHARDSVLR 42

CUSSEN, J.·26 Oct 1910·Supreme Court of Victoria

DivorcePractice — Husband and wife — Leave to proceed without co-respondent — Marriage Act 1890 (No. 1166), s. 78.

BILLINGHAM v. OATENVLR 44

HODGES, J.·19 Dec 1910·Supreme Court of Victoria

Factories and Shops Act 1905 (No. 1975), s. 119 (1) (a)Employing workman at rate lower than rate determined by Special Board — Mens rea, necessity for proof of — Employer, liability of for act of agent.

IN RE HOBAN & COX’S CONTRACTVLR 49

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

Vendor and purchaserContract of Sale — Grazing area leases — Condition that vendor apply for grazing allotment leases and agricultural allotment leases — Leases for smaller areas granted — Compensation — Title to be produced within eight months — Purchaser's duty to request production — Titles not produced — Right of rescission.

MARRIOTT v. HOSKENVLR 54

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

Transfer of Land Act 1904 (No. 1931), s. 10Adverse possession — Vesting order — Registered proprietor dead — Procedure — Supreme Court Rules 1906, Chapter VIII., r. 2.

IN THE TRUSTS OF ROSENTHAL’S SETTLEMENTVLR 55

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

Administration and Probate Act 1890 (No. 1060), s. 112Administration and Probate Act 1903 (No. 1815) ss. 8, 9, Schedule II., Part II. — Settlement — Trusts or dispositions to take effect after the death of the settlor — Trusts to take effect upon death of survivor of settlor and wife — Death of settlor before wife — Settlement chargeable with duty — Trusts or dispositions which may take effect either before or after the death of settlor — Property withdrawn from settlement in pursuance of trusts before death of settlor — Only property subject to settlement at time of settlor's death chargeable with duty.

IN THE WILL OF BUCKHURSTVLR 61

CUSSEN, J.·12 Jan 1911·Supreme Court of Victoria

WillCharity — Gift to charity — Compromise — Attorney-General, consent of.

O’SULLIVAN v. MORTONVLR 70

A’BECKETT, J., MADDEN, C.J. and HODGES, J.·1 Dec 1910·Supreme Court of Victoria

PracticeDiscovery — Documents in existence before commencement of action — Possession obtained by solicitor after action for purposes of action — Privilege — Rules of Supreme Court — Order XXXI., r. 12.

HELDING v. DAVISVLR 74

HOOD, J.·8 Feb 1911·Supreme Court of Victoria

Pounds Act 1890 (No. 1129), s. 9Fence, what may be a substantial.

IN THE MATTER OF TRANSFER OF LAND ACT 1890VLR 78

A’Beckett, Hodges, and Hood, JJ.·1 Feb 1911·Supreme Court of Victoria

Transfer of Land Act 1890 (No. 1149), ss. 59, 63, 209Companies Act 1890 (No. 1074), ss. 234, 235 — Mortgage by company of land under Transfer of Land Act 1890 — Registration under Transfer of Land Act 1890.

RUSSELL v. SHEEHANVLR 81

HOOD, J.·16 Feb 1911·Supreme Court of Victoria

Justices Act 1890 (No. 1105), s. 139Case stated by Court of General Sessions for opinion of Supreme Court — Form of case — Practice.

CLARKE v. NORTONVLR 83

MADDEN, C.J., A’BECKETT, J. and HOOD, J.·13 Feb 1911·Supreme Court of Victoria

LibelJustification and fair comment — Particulars — Statement of fact — Division into two separate statements — Permissibility of — Particulars, application to strike out — Compromise dictated by Judge.

REX v. McCAFFERYVLR 92

MADDEN, C.J., A’BECKETT, and HODGES, JJ.·1 Dec 1910·Supreme Court of Victoria

Criminal lawEvidence — Receiving stolen goods — Doctrine of recent possession — Contradictory accounts of possession given by prisoner, admissibility of.

GRUNDEN v. NISSENVLR 97

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

TrusteesBreach of trust — Erection by trustees of tombstone over testator's grave — Expenditure of trust moneys in completing work begun by testator — Goods supplied by trustee to business carried on under power contained in testator's will — Testator's business advertised at a charge by trustee in trustee's own business — Trustee managing testator's business at salary — Treating of customers — Retirement of trustee in order to continue management at a salary of testator's business — Retention of commission by trustees — Wasting property — Shares in mining companies — Within what time should shares be sold?

McINNES v. THOMSONVLR 118

A’BECKETT, J.·12 Dec 1910·Supreme Court of Victoria

ContractSale of lands — Statute of Frauds — Memorandum — Series of documents — Signature by amanuensis, sufficiency of — Instruments Act 1890 (No. 1103), ss. 208, 209.

MADDOCK v. MADDOCKVLR 127

HOOD, J.·17 Feb 1911·Supreme Court of Victoria

DivorcePractice — Service, proof by affidavit — Husband and wife.

McSWEENEY v. HAGGARVLR 130

HOOD, J.·8 Feb 1911·Supreme Court of Victoria

Justices Act 1890 (No. 1105), s. 141Order — No charge against accused — Order remanding to custody reviewable — Children's Court Act 1906 (No. 2058), s. 18 (4).

BROWN v. SCHIFFMANVLR 133

HODGES, J.·8 Dec 1910·Supreme Court of Victoria

Police Offences Act 1907 (No. 2093), s. 10"Suspected of being stolen" — Meaning of — Time at which suspicion must exist — Scope of sec. 10 (3).

NELSON v. WALKERVLR 136

[Coram GRIFFITH, C.J., O’CONNOR, ISAACS, AND HIGGINS, JJ.]·6 June 1910·In the High Court of Australia

Vendor and purchaserDerogation from grant — Implied grant — Quasi-easement — Rain water flowing over surface — Adjoining owners — Natural servitude — Alteration of surface — Transfer of Land Act 1890 (No. 1149), s. 89 — Conveyancing Act 1904 (No. 1953), s. 6.

IN THE MATTER OF LICENSING ACTSVLR 138

HODGES, J.·14 Mar 1911·Supreme Court of Victoria

Licensing ActsLicensing Court — Death of licensee — Lapse of six months — Application for renewal of licence to owners' nominee — Evidence — Evidence not on oath inadmissible — Licensing Act 1890 (No. 1111), s. 115 — Licensed Premises Act 1894 (No. 1364), s. 2.

WILLIAM HOWARD SMITH’ PROPRIETARY COMPANY LTD. v. THE MAYOR, ALDERMEN, COUNCILLORS, AND CITIZENS OF THE CITY OF MELBOURNEVLR 142

MADDEN, C.J., A’BECKETT, J. and HODGES, J.·3 Mar 1911·Supreme Court of Victoria

Local GovernmentRateable property — Occupation, exclusive — Wharves — Melbourne Harbor Trust Act 1890 (No. 1119), s. 62 — Practice — Case stated — Right to begin.

BEARDSLEY v. HARRISVLR 152

HODGES, J.·16 Mar 1911·Supreme Court of Victoria

Settled Estates and Settled Lands Act 1909 (No. 2235), ss. 50, 51, 99Trustees of Settlement — Trustees under will without power of sale — No power in such trustees to consent to sale by tenant for life.

IN THE WILL OF SABELBERGVLR 157

HODGES, J.·31 Mar 1911·Supreme Court of Victoria

WillApplication for probate — Caveat — Knowledge acquired by propounders of testator's incapacity — Evidence brought before Court by propounders — Order nisi for probate disposed of summarily — Costs.

BROWN v. THE KINGVLR 159

HODGES, J.·24 Mar 1911·Supreme Court of Victoria

PracticeDiscovery — Documents — Legal professional privilege, extent of — Rules of Supreme Court 1906, Order XXXI., r. 12.

RONALD v. HARPERVLR 163

[Coram GRIFFITH, C.J., BARTON AND O’CONNOR, JJ.]·6 Sept 1911·In the High Court of Australia

DefamationSlander — Libel — Defamatory words concerning professional man — Clergyman — Politician — Privilege — Justification — Repetition of defamatory statement — Trial by jury — Validity of findings — Appeal from Supreme Court of a State — Admission of further evidence — Jurisdiction of High Court — Verdict obtained on perjured evidence.

IN RE KEANVLR 165

HODGES, J.·22 Mar 1911·Supreme Court of Victoria

TrustInfant — Maintenance and education — University fees — Breaking into corpus — Trusts Act 1896 (No. 1421), s. 19.

IN RE LORIMERVLR 168

MADDEN, C.J., A’BECKETT and HOOD, JJ.·6 Apr 1911·Supreme Court of Victoria

InsolvencySettlement by married woman on children — Necessity for registration — Voidability on subsequent insolvency — Insolvency Act 1897 (No. 1513), s. 100.

IN RE MANNVLR 171

CUSSEN, J.·14 Nov 1910·Supreme Court of Victoria

Contempt of CourtTrial of accused person — Disagreement of jury — Petition by some jurymen to Attorney-General — Petition prepared by clerk to solicitor for accused — Publication of petition in newspaper.

JARRETT v. STREMPELVLR 179

HODGES, J.·29 Mar 1911·Supreme Court of Victoria

PracticeCosts — Taxation — Witness's expenses — Witness's permanent residence — Travelling expenses from witness's temporary residence to place of trial — Common Law Procedure Act 1865, Schedule XXXVIII.

CHERRY v. THE PRESIDENT, ETC., OF THE SHIRE OF BENALLAVLR 183

HOOD, J., A’BECKETT, J. and HODGES, J.·10 Apr 1911·Supreme Court of Victoria

NuisanceDrain made by municipal council — Negligence in formation — "Trap" — Injury to straying cattle — Liability of council.

IN THE MATTER OF TRANSFER OF LAND ACT 1890VLR 197

MADDEN, C.J., O’BECKETT, J. and HOOD, J.·1 May 1911·Supreme Court of Victoria

Transfer of landTransfer by administrator — Transfer more than 20 years after intestate's death — Presumption as to payment of debts — Requisition by Registrar as to concurrence of next of kin — Scope of Registrar's power to requisition — Transfer of Land Act 1890 (No. 1149) — Administration and Probate Act 1890 (No. 1060), s. 7.

IN RE TRANSFER OF LAND ACT 1980VLR 214

HODGES, J., HOOD, J., MADDEN, C.J. and A’BECKETT, J.·1 May 1911·Supreme Court of Victoria

Transfer of Land Act 1890 (No. 1149), ss. 91, 193, 209Transfer — Executor — Administrator — Transfer by administrator to himself — Release by next of kin — Duty of Registrar to make requisitions.

HADDON v. LYNCHVLR 230

MADDEN, C.J., HODGES and HOOD, JJ.·9 May 1911·Supreme Court of Victoria

Nuisance by noiseChurch bell — Ringing of, at early hour of the morning — Disturbance of neighbours — Question of degree.

IN THE WILL OF REEDVLR 232

A’BECKETT, J.·1 May 1911·Supreme Court of Victoria

WillConstruction — "Money" — "Securities" — Money on fixed deposit — Money in Savings Bank.

O’SULLIVAN v. MORTONVLR 235

MADDEN, C.J., HODGES and HOOD, JJ.·7 Apr 1911·Supreme Court of Victoria

PracticeJudgment of Supreme Court — Appeal to High Court duly instituted — Subsequent appeal to Full Court — Notice of intention to abandon appeal to High Court — Motion to Full Court to stay execution — Jurisdiction of Supreme Court — To what Court application should be made — High Court Procedure Act 1903 — Rules of Court, Part II., s. III., r. 19 — Rules of Supreme Court 1906, Order LVIII., r. 16.

MANSON v. PONNINGHAUSVLR 239

MADDEN, C.J.·25 May 1911·Supreme Court of Victoria

PracticeCharging order — Final or interlocutory — Affidavit — Grounds of information and belief — Filing affidavit — When affidavit becomes part of proceedings — Rules of Supreme Court 1906, Order XXXVIII., r. 3.

HAGELTHORN v. THE MAYOR, COUNCILLORS, AND BURGESSES OF THE TOWN OF KEWVLR 242

MADDEN, C.J., HODGES, J. and HOOD, J.·2 May 1911·Supreme Court of Victoria

Local Government Act 1903 (No. 1893), ss. 514, 517, 522, 523, 524Streets on private property — Laying out — Certificate of council — "Sufficiently drained" — Meaning of — Refusal of certificate by council — Further application — Appeal.

O’SULLIVAN v. MORTONVLR 249

MADDEN, C.J., HODGES and HOOD, JJ.·1 June 1911·Supreme Court of Victoria

ContractCovenant, breach of — Proof of actual loss — Necessity for — Damages — Costs — Rules of the Supreme Court 1906, Order LXV., r. 1 — "Event," meaning of — "Good cause" — Set-off of costs.

IN RE JOHNSONVLR 263

A’BECKETT, J.·10 May 1911·Supreme Court of Victoria

Administration and Probate Act 1890 (No. 1060), s. 26Commission — Corpus — Time to apply.

GRUNDEN v. NISSENVLR 267

MADDEN, C.J., HODGES, J. and HOOD, J.·8 June 1911·Supreme Court of Victoria

TrusteeBreaches of trust — Appointment of new trustee — Commission — Calls, payment of on shares in no-liability companies — Expenses of carrying on business, treating customers — Tombstone, erection by trustees.

RUDDELL v. RUDDELLVLR 277

CUSSEN, J.·13 July 1911·Supreme Court of Victoria

Husband and wifeDissolution of marriage — Application for costs of preliminary investigation — When application should be made — Marriage Act 1890 (No. 1166), s. 111.

IN RE BLACKVLR 280

MADDEN, C.J., HODGES and HOOD, JJ.·7 June 1911·Supreme Court of Victoria

LegacyInterest, rate of — Date from which interest runs — Rules of the Supreme Court 1903 — Order LV., r. 64.

IN THE WILL OF RICHARDSVLR 284

A’BECKETT, J.·31 May 1911·Supreme Court of Victoria

WillRevocation — Degree of soundness of mind — Costs.

KANE v. DUREAUVLR 293

CUSSEN, J.·6 July 1911·Supreme Court of Victoria

Motor carDriving recklessly, what constitutes — Motor Car Act 1909 (No. 2237), s. 10 — Increase of fine to facilitate appeal to General Sessions, propriety of — Justices Act 1890 (No. 1105), s. 127.

IN RE DOBINSONVLR 300

CUSSEN, J.·28 June 1911·Supreme Court of Victoria

WillTrusts — Gift for such charitable uses and purposes as trustee should think fit — Similar gift for religious purposes — Uncertainty.

IN RE BLOOMVLR 313

[BEFORE THE JUDGES OF THE SUPREME COURT.] [Coram MADDEN, C.J., A’BECKETT, HODGES, HOOD, AND CUSSEN, JJ.]·3 Aug 1911·Supreme Court of Victoria

Barrister and solicitorAdmission of — Articles, service of — Engagement in trade, business, profession, or employment — Rules for the Admission of Barristers and Solicitors of 28th November 1905, r. 3 — Practice of the Supreme Court — Act 23 & 24 Vict., c. 127, s. 10.

IN THE WILL OF LAWNVLR 318

A’BECKETT, J.·26 July 1911·Supreme Court of Victoria

WillConstruction — Gift to wife — "To be used by her as she may think proper for the benefit of herself and our children" — Trust — Absolute gift.

SHARP v. HOBSONVLR 321

A’BECKETT, J.·18 July 1911·Supreme Court of Victoria

TrusteeIndividual joint trustee with company — Commission — Necessity to pass accounts — Prospective order — Administration and Probate Act 1890 (No. 1060), s. 26, scope of.

REX v. JACONOVLR 326

MADDEN, C.J., HODGES, J. and HOOD, J.·8 Aug 1911·Supreme Court of Victoria

EvidenceHusband and wife — Charge against husband — Competency of wife as witness — Marriage Act 1901 (No. 1737), s. 3 — Evidence Act 1890 (No. 1088), s. 53 — Crimes Act 1891 (No. 1231), s. 34 — Common law.

RUDDELL v. RUDDELLVLR 330

HODGES, J.·10 Aug 1911·Supreme Court of Victoria

Husband and wifeDivorce — Repeated assaults and cruel beatings during one year previously — What necessary to constitute such ground — Marriage Act 1890 (No. 1166), s. 74 (d).

PENDLEBURY v. THE COLONIAL MUTUAL LIFE ASSURANCE SOCIETY LTD.VLR 332

HOOD, J.·18 Aug 1911·Supreme Court of Victoria

MortgagorMortgagee — Sale — Duty of mortgagee — Advertisements, sufficiency of.

HARVEY v. HARVEYVLR 345

A’BECKETT, J.·14 Aug 1911·Supreme Court of Victoria

Marriage Act 1890 (No. 1166), s. 83Marriage — Divorce — Discretionary bar — Adultery of petitioner.

McLINEY v. MINSTERVLR 347

MADDEN, C.J., HOOD, J. and CUSSEN, J.·7 Aug 1911·Supreme Court of Victoria

Police Offences Act 1890 (No. 1126), ss. 82, 94Constable, powers of — Arrest by layman — Constructive arrest — Delivery to constable — Res judicata — Resisting police — Assaulting police in the execution of their duty.

IN THE MATTER OF TRANSFER OF LAND ACT 1890VLR 357

A’BECKETT, J.·14 Aug 1911·Supreme Court of Victoria

Transfer of Land Act 1890 (No. 1,149), ss. 113, 209, 240Mortgage, form of — Schedule 12 — Extraneous matter in mortgage deed — Refusal by Registrar of Titles to register mortgage deed — Mandamus by mortgagee — Rules of the Supreme Court 1906 — Order LIII., rr. 3, 4.

FRENCHAM v. THE MELBOURNE AND METROPOLITAN BOARD OF WORKSVLR 363

MADDEN, C.J., HOOD, J. and CUSSEN, J.·4 Aug 1911·Supreme Court of Victoria

NegligenceForeign substance lawfully placed in highway — Omission to repair foreign substance — Nuisance in highway — Non-feasance — Liability of bodies other than road authorities — Melbourne and Metropolitan Board of Works Act 1890 (No. 1197), ss. 79, 81.

BROOKES v. THE KINGVLR 371

A’BECKETT, J.·21 Aug 1911·Supreme Court of Victoria

Administration and Probate Act 1890 (No. 1060), s. 99Valuation of estate — Appointment of valuator by Commissioner — Valuation by Commissioner — Procedure by summons — Duties Collection Act 1910 (No. 2287), s. 2.

IN THE MATTER OF BILL OF COSTS OF WOOLFVLR 375

CUSSEN, J., MADDEN, C.J. and HOOD, J.·17 Aug 1911·Supreme Court of Victoria

Solicitor and clientImportant fact, duty of solicitor to disclose — Rules of the Supreme Court 1906 — Order LXV., r. 27 (38A) — Procedure under — Scope of — "Misconduct or negligence" — Onus of proof — Railway Passengers' Actions Act 1903 (No. 1861), ss. 6, 8, 9.

MACARTNEY v. A. MACROW AND SONS PROPY. LTD.VLR 393

A’BECKETT, J., HODGES, J. and HOOD, J.·4 Sept 1911·Supreme Court of Victoria

CertiorariJudge in Court below made party to application for writ of — Evidence — Statement by Judge who heard case — County Court Act 1890, s. 135 — Special case — Power of Judge to give judgment before question stated in "the form of a special case."

IN THE MATTER OF TRANSFER OF LAND ACT 1890VLR 397

A’BECKETT, J., HODGES, J. and HOOD, J.·5 Sept 1911·Supreme Court of Victoria

Local Government Act 1903 (No. 1893), ss. 341, 342, 343, 704Rates unpaid — Charge on land — Action brought against person appearing by certificate of Registrar-General to be owner of the land — Such person in fact dead — Order for sale — Title of purchaser.

IN RE PACKERVLR 401

MADDEN, C.J.·14 Sept 1911·Supreme Court of Victoria

Contempt of CourtPublication of statements in newspaper while charge of murder pending — Accused not committed for trial — Statements calculated to interfere with fair trial of accused — Jurisdiction of Supreme Court — Application based on defective material — Amendment — Costs.

L. OSBORN AND CO. LTD. v. DAVIDSON BROS.VLR 416

HODGES, J.·12 Sept 1911·Supreme Court of Victoria

ContractSale of goods — Delivery "spread" over certain months — Delivery by instalments — Delivery of one instalment — Duty of purchaser to accept and pay for — Sale of Goods Act 1896 (No. 1422), ss. 15, 25.

WILSON v. COLEVLR 423

MADDEN, C.J.·27 Sept 1911·Supreme Court of Victoria

Justices Act 1904 (No. 1959), s. 17Default summons — Power to issue ordinary summons after service of default summons.

IN THE MATTER OF HEALTH ACT 1890VLR 429

HOOD, J., MADDEN, C.J. and CUSSEN, J.·2 Oct 1911·Supreme Court of Victoria

Health Act 1890 (No. 1098), s. 35 (par. 11)"Position and manner of construction of privies," etc. — By-law — Scope of power — Noxious trades — Private premises — Statute, construction of — Punctuation, disregard of — Evidence Act 1890 (No. 1088), s. 48.

J. E. LINDLEY & CO. v. PRATTVLR 444

HODGES, J.·30 Aug 1911·Supreme Court of Victoria

Supreme Court Act 1890 (No. 1142), s. 85Practice — Foreign procedure — Service of writ out of jurisdiction — Cause of action within the jurisdiction.

WESTCOTT v. LORDVLR 452

MADDEN, C.J.·13 Sept 1911·Supreme Court of Victoria

Contempt of CourtPetty Sessions — Insulting language to witness after case decided — Language not heard by Court — Power of Petty Sessions to punish for contempt of Court — Justices Act 1890 (No. 1105), s. 198.

THE COMMISSIONER OF TAXES v. LANGVLR 459

A’BECKETT, J., HODGES, J. and HOOD, J.·6 Sept 1911·Supreme Court of Victoria

Administration and Probate Act 1903 (No. 1815), s. 11Probate duty — Immediate gift — Possession and enjoyment to exclusion of donor — Transfer subject to lease by donees to donor.

TIPPER v. WATHENVLR 464

HOOD, J.·19 Oct 1911·Supreme Court of Victoria

Imprisonment of Fraudulent Debtors Act 1890 (No. 1100), ss. 4, 5County Court Act 1890 (No. 1078), s. 104, Tenth Schedule — Action for tort — Judgment for damages and costs — Removal to Supreme Court — Summons to debtor thereon.

THE NATIONAL MUTUAL LIFE ASSOCIATION OF AUSTRALASIA LTD. v. THE AUSTRALIAN WIDOWS’ FUND LIFE ASSURANCE SOCIETY LTD.VLR 466

A’BECKETT, J., HODGES, J. and HOOD, J.·12 Oct 1911·Supreme Court of Victoria

InsuranceRe-insurance — Settlement to be made by original insurer — Misrepresentations in original contract which would have entitled original insurer to avoid the contract — Payment by original insurer in good faith — Liability of re-insurer.

WILSON v. THE EQUITY TRUSTEES, EXECUTORS AND AGENCY COMPANY LIMITEDVLR 481

A’BECKETT, J.·26 Oct 1911·Supreme Court of Victoria

Limitations, Statute ofLand, adverse possession of — Creation of new tenancy at will — What necessary to constitute — Real Property Act 1890 (No. 1136), s. 23 — Transfer of Land Act 1904 (No. 1931), s. 10.

McKINNON v. COLBORNEVLR 486

HOOD, J.·30 Oct 1911·Supreme Court of Victoria

Licensing Act 1890 (No. 1141), s. 153"Licensed victualler's premises" — Lodger found drunk on Sunday.

THE ATTORNEY-GENERAL, EX REL. DODD v. THE MAYOR, COUNCILLORS, AND BURGESSESVLR 489

MADDEN, C.J.·19 Sept 1911·Supreme Court of Victoria

Local governmentMunicipal council — Borrowing powers — Electricity, supply of for light, heat, and motive purposes — Notice of intention to borrow before authorization by Order in Council — Sufficiency of advertisements — Sufficiency of plans and specifications — Electric Light and Power Act 1896 (No. 1413); ss. 2, 5, 8, 10 (1), 11 (1), 17 — Local Government Act 1903 (No. 1893), ss. 345, 346, 347 (6), 348, 354, 355, 595.