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[1912] VLR(79 results)

Cases reported in this volume of the Victorian Reports

IN RE THOMAS & McKENZIE’S CONTRACTVLR 1

A’BECKETT, J.·2 Aug 1911·Supreme Court of Victoria

Vendor and purchaserLegal estate — Title — Executor — Administrator — Executor of administrator, estate vested in — Administration and Probate Act 1890 (No. 1060), s. 6.

THE KING v. HOSKENVLR 4

MADDEN, C.J., HODGES, J. and HOOD, J.·3 Oct 1911·Supreme Court of Victoria

Transfer of landMortgage — Covenant of guarantee by person other than mortgagor — Registration of mortgage containing such covenant — Discretion of Registrar of Titles — Transfer of Land Act 1890 (No. 1149), ss. 113, 240, 12th Schedule.

DAVIS v. DAVISVLR 12

HODGES, J., HOOD, J., and CUSSEN, J.·20 Nov 1911·Supreme Court of Victoria

PracticeDivorce — Divorce Rules 1906, rr. 26, 126, 128 — Adultery — Affidavit of documents — Interrogatories tending to show adultery.

PATTERSON v. FARRELLVLR 17

MADDEN, C.J.·29 Nov 1911·Supreme Court of Victoria

Land Tax Assessment Act 1910 (No. 22) (Commonwealth), s. 63Validity of — Commonwealth of Australia Constitution Act, s. 51 (ii.) — "Taxation," scope of power.

DAVIS v. DAVISVLR 23

HOOD, J.·1 Nov 1911·Supreme Court of Victoria

PracticeDivorce — Husband and wife — Discovery — Interrogatories — Ex parte order for discovery of documents and interrogatories — Jurisdiction — Rules of the Supreme Court 1906 — Order XXXI., rr. 1, 1A, 12 — Rules of Procedure in Divorce and Matrimonial Causes 1906, r. 126.

GILLIN v. MALMGRENVLR 26

A’BECKETT, J.·24 Nov 1911·Supreme Court of Victoria

Motor-carTramcar proceeding in same direction — Motor-car passing tram-car — Rule of the road — Vehicle — Motor-car Act 1909 (No. 2237), s. 15 — Motor-car Regulations, s. 2 (3) — Police Offences Act 1891 (No. 1241), s. 5 (1a).

BURNS v. THE REGISTRAR OF TITLESVLR 29

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

Transfer of Land Act 1904 (No. 1931), ss. 10, 11Adverse possession — Land alienated after 1st October 1862 — Crown grant not registered.

OUSLEY v. OUSLEYVLR 32

A’BECKETT, J.·6 Dec 1911·Supreme Court of Victoria

Husband and wifeMarriage, validity of — Onus of proof — Presumption of death.

BROWN v. THE KINGVLR 35

MADDEN, C.J.·28 Sept 1911·Supreme Court of Victoria

ContractSecurity for performance — Bank deposit receipt — Obligation on completion of contract — Wrongful delivery of deposit receipt — Liability of Crown — Equitable assignment — H. order.

IN THE WILL AND ESTATE OF JOHNSTONVLR 55

CUSSEN, J.·14 Dec 1911·Supreme Court of Victoria

Wills Act 1890 (No. 1159), s. 18(3)Testamentary document, what amounts to — Letter declaring intention to revoke legacies executed in same manner as will.

IN THE WILL AND CODICILS OF BLAKEVLR 59

CUSSEN, J.·20 Dec 1911·Supreme Court of Victoria

ProbateAdvertisement — Number of codicils must be mentioned in advertisement — Probate and Administration Rules 1906, r. 4.

IN RE A CHARGE FROM MAHONYVLR 65

A’BECKETT, J., HODGES, J., and HOOD, J.·8 Feb 1912·Supreme Court of Victoria

Transfer of Land Act 1890 (No. 1149), ss. 4, 113, 13th ScheduleCharge — Annuity — Charge given by way of security — Periodical payments.

IN RE WEIRVLR 77

CUSSEN, J.·15 Dec 1911·Supreme Court of Victoria

Settled Lands and Settled Estates Act 1909 (No. 2235), ss. 126, 127, 128Land bought by father under contract in name of father and sons — Purchase-money not completely paid at father's death — Two sons infants — Interest of sons under contract — Settled land — Elder sons appointed trustees of settlement.

HOLDEN v. LAWES WITTEWRONGEVLR 82

CUSSEN, J.·19 Dec 1911·Supreme Court of Victoria

Statute of LimitationsSimple contract debt — Letter from debtor's solicitors expressing debtor's inability to pay — Insufficient acknowledgment — Debt barred.

IN RE HOLLINSVLR 87

CUSSEN, J.·4 Jan 1912·Supreme Court of Victoria

Local governmentCouncillor — Ouster from office — Voters' roll — Conclusiveness of — Infants — Local Government Act 1903 (No. 1893), Part III.; Part IV., s. 155.

IN THE WILL OF SYNOTVLR 99

HOOD, J.·9 Mar 1912·Supreme Court of Victoria

Administration and Probate Act 1907 (No. 2120), s. 7Authority to trustee company — Revocation — Form of authority — Form of application.

IN THE MATTER OF McCONNELLVLR 102

MADDEN, C.J., A’BECKETT, J., and HOOD, J.·11 Mar 1912·Supreme Court of Victoria

InsolvencyFraudulent preference — Bona fides — Purchaser in good faith and for valuable consideration — "Payment made" — Insolvency Act 1890 (No. 1102), ss. 37 (a), 71, 73, 74.

RAILTON v. FLEMINGVLR 113

HODGES, J., CUSSEN, J., and A’BECKETT, J.·7 Feb 1912·Supreme Court of Victoria

County CourtJurisdiction — Contract f.o.b. Tasmania — Failure of defendant to name ship — Breach within jurisdiction — County Court Act 1890 (No. 1078), s. 5 — Evidence from outside jurisdiction as to damages — Damages not part of cause of action.

JOSKE v. STRUTTVLR 118

HODGES, J., HOOD, J., and CUSSEN, J.·11 Mar 1912·Supreme Court of Victoria

DentistRecorded by the Dental Board of Victoria — What words may be used by "recorded" men — Dentists Act 1898 (No. 1595), s. 7 — Dentists' Act 1910 (No. 2257), ss. 4, 5, 13.

THE KING v. O’BRIENVLR 133

MADDEN, C.J., A’BECKETT, J., and HODGES, J.·9 Feb 1912·Supreme Court of Victoria

Criminal LawEvidence — Testimony of children of tender years — Corroboration — Evidence Act 1890 (No. 1088), sec. 50; Crimes Act 1891 (No. 1231), sec. 33 (2).

IN RE HUDSONVLR 140

A’BECKETT, J.·26 Mar 1912·Supreme Court of Victoria

WillConstruction — Divesting of legacy — Uncertainty — Gift over of legacy in case of death before legatee "shall have actually received" the legacy.

OVERTON v. PHILLIPSVLR 143

HOOD, J.·14 Mar 1912·Practice Court

Principal and agentCommission — Sale of property — Introduction of purchaser — Subsequent purchase through another agent.

GILL v. COLONIAL MUTUAL LIFE ASSURANCE SOCIETY LIMITEDVLR 146

HOOD, J.·19 Apr 1912·Supreme Court of Victoria

Master and servantWrongful dismissal — Dishonesty of servant prior to employment no ground for dismissal.

McKENNA v. DENTVLR 150

A’BECKETT, J.·19 Apr 1912·Supreme Court of Victoria

Police Regulation Act 1890 (No. 1127), s. 58"Goods," meaning of.

R. v. PARKERVLR 152

MADDEN, C.J., HODGES, J., and CUSSEN, J.·12 Apr 1912·Supreme Court of Victoria

Criminal lawCircumstantial evidence — Identification — Finger-prints, similarity of.

R. v. KELLOWVLR 162

CUSSEN, J.·1 Apr 1912·Supreme Court of Victoria

Criminal LawConspiracy — Incorporated company — Liability to presentment — Capacity to conspire — Jurisdiction of Court — Agreement made outside, overt acts within — Amendment of presentment.

IN RE SNOWBALL’S WILLVLR 176

CUSSEN, J.·4 Jan 1912·Supreme Court of Victoria

Settled Estates and Settled Lands Act 1909 (No. 2235), ss. 50, 51, 98, 101, 117, 118, 121, 122, 124, 127, 128, 132Will — Devise to trustees — Power of sale in trustees — Power to carry on testator's business — Settled estates — Settlement — Persons with powers of tenant for life — Infants.

SCOTT v. HOWARDVLR 189

HODGES, J.·8 May 1912·Supreme Court of Victoria

Police Offences Act 1891 (No. 1241), s. 7, sub-s. 1 (a)Behaving in a riotous manner, what necessary to constitute.

MYERS v. HOOKEVLR 191

MADDEN, C.J., A’BECKETT, J., and HOOD, J.·9 May 1912·Supreme Court of Victoria

Fisheries Act 1890 (No. 1093), ss. 3, 15"Fixed engine," what is.

IN RE STEVENSVLR 194

HOOD, J.·13 May 1912·Supreme Court of Victoria

WillConstruction — Perpetuities, rule against — Remoteness — Trust for maintenance and education — Validity — Accumulations — Income of residuary estate, direction to accumulate beyond period allowed — Intestacy — Thellusson's Act — Wills Act 1890 (No. 1159), s. 35 — Gift to grandchildren upon youngest attaining twenty-one — After-born grandchildren — Costs of originating summons.

MARTIN v. GREIGVLR 204

HODGES, J.·20 May 1912·Supreme Court of Victoria

PracticeRules of the Supreme Court 1906 — Order XIV., rr. 1, 2 — Application for final judgment — Time for making — Affidavits — Service.

IN THE WILL AND ESTATE OF MARTINVLR 206

HODGES, J.·27 May 1912·Supreme Court of Victoria

PracticeProbate — Administration de bonis non, when granted — Unadministered estate — Executor registered as proprietor of land under Transfer of Land Act 1890 (No. 1149).

FOMSGARD v. FOMSGARDVLR 209

HODGES, J.·31 May 1912·Supreme Court of Victoria

WillConstruction — Trustees — Departure from terms of will — Authority by Court — Emergency not contemplated by testator — General authority — Authority for specific departure from will.

PEMBERTON v. BANFIELDVLR 213

A’BECKETT, J., MADDEN, C.J., and HOOD, J.·10 May 1912·Supreme Court of Victoria

Factories and ShopsCarters carting after prescribed hours — Goods — Empties, whether goods — Factories and Shops Act 1907 (No. 2137), s. 40 — Factories and Shops Act 1910 (No. 2) (No. 2305), s. 38.

RUDDELL v. RUDDELLVLR 221

HODGES, J.·29 May 1912·Supreme Court of Victoria

Marriage Act 1900 (No. 1684), ss. 4, 5Confinement expenses — Wife voluntarily leaving husband entitled to apply for such expenses.

THE KING v. WATTVLR 225

MADDEN, C.J., HODGES, J., and CUSSEN, J.·22 Mar 1912·Supreme Court of Victoria

Customs and Excise Duties Act 1890 (No. 1082), ss. 155, 156Wine and spirit merchant's licence — Powers of Treasurer — Minister of Crown — Attachment — Privilege — Appeal — Civil matter — Criminal matter — Mixed matter — Supreme Court Act 1890 (No. 1142), s. 37 — Practice — Evidence, admission of fresh evidence on appeal — Order LVIII., r. 4 — Rules of the Supreme Court 1906.

IN THE WILL OF BURRVLR 246

HODGES, J.·12 May 1912·Supreme Court of Victoria

WillExecution — Wills Act 1890 (No. 1159), s. 7 — "Witnesses shall attest and subscribe the will," meaning of.

MERRETT v. PRESIDENT, ETC., OF THE SHIRE OF TUNGAMAHVLR 248

A’BECKETT, J., HOOD, J., and CUSSEN, J.·7 June 1912·Supreme Court of Victoria

Local Government Act 1903 (No. 1893), ss. 197 (sub-s. 29), 232, 580, 586, 594Traction engine — Power to regulate — Restrictions on construction and user — By-law, application to quash — Evidence Act 1890 (No. 1088), s. 48.

MARTIN v. GREIGVLR 254

A’BECKETT, J., HOOD, J., and CUSSEN, J.·10 June 1912·Supreme Court of Victoria

Rules of the Supreme Court 1906Order XIV., rr. 1, 2 — "Application shall be made within five days after appearance," meaning of — Affidavit, when to be sworn.

JOSKE v. BLITZVLR 256

A’BECKETT, J., HOOD, J., and CUSSEN, J.·12 June 1912·Supreme Court of Victoria

Dentists Act 1898 (No. 1595), s. 7Dentists Act 1910 (No. 2257), ss. 4, 5, 13 — Recorded dentist — Use of words by.

IN THE WILL OF MALINVLR 259

A’BECKETT, J., HOOD, J., and CUSSEN, J.·7 June 1912·Supreme Court of Victoria

WillConstruction — Rule against perpetuities — Legal contingent remainders, applicability of rule to — Legal estate, what is — Administration and Probate Act 1890 (No. 1060), s. 6.

APPLEBY v. REDDANVLR 270

HOOD, J.·12 June 1912·Supreme Court of Victoria

Police Offences Act 1907 (No. 2093), s. 5 (4)Brothel, what is — Keeper of a brothel — Evidence.

COX v. SMAILVLR 274

CUSSEN, J.·16 May 1912·Supreme Court of Victoria

InsolvencyFraudulent preference, what constitutes — View to prefer — Insolvency Act 1890 (No. 1102), s. 73 — Book debt, what constitutes — Book Debts Act 1896 (No. 1424), s. 2 — Assignment of book debt — H. order.

IN THE WILL AND ESTATE OF ALLANVLR 286

MADDEN, C.J.·6 June 1912·Supreme Court of Victoria

ProbatePractice — Estate not fully administered — Real estate — Executorial functions — Administration de bonis non — Administration and Probate Act 1890, s. 8.

HENDERSON v. WARDVLR 289

MADDEN, C.J.·6 June 1912·Supreme Court of Victoria

PracticeForeign attachment — Affidavit to be filed — Supreme Court Act 1890 (No. 1142), s. 91.

BEAR v. WAXMANVLR 292

MADDEN, C.J., HOOD, J., and CUSSEN, J.·11 June 1912·Supreme Court of Victoria

Supreme Court Act 1890 (No. 1142), ss. 209, 262, 263Solicitor — Client — Costs — Agreement as to solicitor's remuneration — Agreement to pay lump sum for work wholly past — Bill of costs — Right to delivery of — Can be waived — Discretion of Court.

McCANN v. MORGANVLR 303

MADDEN, C.J.·21 June 1912·Supreme Court of Victoria

Police Offences Act 1890 (No. 1126), ss. 49, 50, 51, 52, 62Lotteries Gaming and Betting Act 1906 (No. 2055), s. 12 — "Place used for the purpose of unlawful gaming being carried on therein," meaning of — "Place" — "User."

IN THE WILL OF BORGERVLR 310

HODGES, J.·28 June 1912·Supreme Court of Victoria

WillConstruction — Legacy, lapse of — Death of beneficiary "before he shall have become entitled," meaning of.

SMITH v. FOLEYVLR 314

MADDEN, C.J.·17 July 1912·Supreme Court of Victoria

PracticeJoinder of parties — Joinder of causes of action — Misjoinder — Slander — "Arising out of the same transaction or series of transactions" — Rules of the Supreme Court 1906 — Order XVI., r. 1 — Order XVIII., r. 6.

LEVISTON v. DOUGLASVLR 318

HODGES, J.·28 June 1912·Supreme Court of Victoria

PracticeCosts — Special scale in Appendix N — Indorsement by party of writ or entry of appearance with notice of intention to proceed under — Application to Judge to otherwise order — When to be made — Rules of the Supreme Court 1906 — Order LXV., r. 29 (a).

PENDLEBURY v. THE COLONIAL MUTUAL LIFE ASSURANCE SOCIETY LIMITEDVLR 319

MADDEN, C.J.·30 July 1912·Supreme Court of Victoria

EvidencePrice land would have brought at auction on a certain date — Evidence of other contracts for sale of same land shortly after the same date — Sales of similar land — Admissibility.

HICKLING v. SKERRITTVLR 322

MADDEN, C.J.·31 July 1912·Supreme Court of Victoria

Police Offences Act 1890 (No. 1126), s. 40Police Offences Act 1907 (No. 2093), s. 8 — Justices Act 1890 (No. 1105), s. 77 (5), (6) — Idle and disorderly person — Evidence of prior convictions — "In support of the information" — At what stage to be given — Evidence of good character — Evidence in rebuttal.

INGHAM v. HIE LEEVLR 329

MADDEN, C.J.·24 July 1912·Supreme Court of Victoria

Factories and Shops Act 1905 (No. 1975), ss. 5, 42Factories and Shops Act 1905 (No. 2), (No. 2008), s. 9 — Work in a factory during prohibited hours — "Work," what is — "For himself or for hire or reward."

RHODES v. PARROTTVLR 333

A’BECKETT, J.·12 Aug 1912·Supreme Court of Victoria

Landlord and Tenant Act 1890 (No. 1108), ss. 81, 83Distress for rent — Overplus — Claim by tenant against landlord — Form of action — Money had and received.

SHAW v. DAVID SYME & CO.VLR 336

MADDEN, C.J., HODGES and HOOD, JJ.·7 Aug 1912·Supreme Court of Victoria

PracticeDiscovery of documents — Privilege — Copies of documents — "Brought into existence" for the purposes of the litigation — Reports of proceedings in open court — Transcript of shorthand notes.

WILSON v. DUN’S GAZETTE LIMITEDVLR 342

MADDEN, C.J.·23 July 1912·Supreme Court of Victoria

PracticeLibel — Newspaper — Defence — Publication of apology — No payment into Court — Pleading — Facts in mitigation of damages — Summons to strike out pleadings — Delay — Rules of the Supreme Court 1906 — Order XIX., r. 27 — Wrongs Act 1890 (No. 1160), ss. 4, 5.

BROWN v. WEBBVLR 347

MADDEN, C.J., HODGES and HOOD, JJ.·5 Aug 1912·Supreme Court of Victoria

Bakers and Millers Act 1893 (No. 1332), ss. 5, 6Bakers and Millers Act 1890 (No. 1067), ss. 14, 17 — Powers of inspector — "Weigh and try all bread wherever found" — Bread in possession of purchaser.

BOND v. MORRISVLR 351

MADDEN, C.J., HODGES, J., and HOOD, J.·7 Aug 1912·Supreme Court of Victoria

Action, cause ofInducing employer not to engage workman — Interference — Just cause or excuse — Self-interest — Motive.

CANTY v. BUTTROSEVLR 363

MADDEN, C.J.·26 Aug 1912·Supreme Court of Victoria

Licensing Act 1890 (No. 1111), s. 121Permitting a drunken person to be on licensed premises — Reasonable excuse — Decision of magistrates on questions of fact — Appeal.

HARRISON, SAN MIGUEL PROPRIETARY LTD. v. ALFRED LAWRENCE & CO.VLR 367

MADDEN, C.J.·23 Aug 1912·Supreme Court of Victoria

Rules of the Supreme Court 1906Order LXV., r. 12 — "Actions of contract or of tort" — Action claiming injunction — "Sum not exceeding 50" — County Court — Jurisdiction — Libel circulating outside Victoria — County Court Act 1890 (No. 1078), s. 45 — Injunction, value of.

THE KING v. WATERSVLR 372

MADDEN, C.J.·19 June 1912·Supreme Court of Victoria

Habeas corpusInfant — Custody of — Mother dead, father insane — Blood relations of infant, rights of — Principles on which Court deals with infant's custody.

THE COLONIAL BANK OF AUSTRALIA LIMITED v. MARTINVLR 383

MADDEN, C.J.·25 July 1912·Supreme Court of Victoria

Rules of the Supreme Court 1906Order XIV. — Practice — Costs — Summary judgment, application for — Dismissal of — Conversion into summons for directions.

IN THE WILL OF VICKERSVLR 385

HOOD, J.·4 Sept 1912·Supreme Court of Victoria

WillConstruction — Trust to hold for infants until they attain 21 years — Absolute gift to infants.

PRESIDENT, ETC., OF SHIRE OF MOORABBIN v. SOLDIVLR 389

A’BECKETT, HODGES, and CUSSEN, JJ.·4 Sept 1912·Supreme Court of Victoria

Local Government Act 1903 (No. 1893), ss. 341, 342Rates — Charge on land — Action to enforce — Parties — Order for sale — Title — Rules of County Court, r. 103.

LAMBOURN v. HOSKENVLR 394

A’BECKETT, J.·3 Sept 1912·Supreme Court of Victoria

Transfer of Land Act 1904 (No. 1931), s. 10Title by adverse possession — Registered proprietor dead — No administration of estate — Next of kin unknown — Duration of adverse possession required — Rules of the Supreme Court 1906, Chapter VIII.

DAVIES v. THE NATIONAL TRUSTEES EXECUTORS AND AGENCY CO. OF AUSTRALASIA LTD.VLR 397

CUSSEN, J.·1 Jan 1912·Supreme Court of Victoria

TrustAdvancement — Parent and child — Husband and wife — Presumption — Evidence — Wills Act 1890 (No. 1159), s. 31 — Will and codicil — Reference to death of beneficiary — Contrary intention — Trust, breach of — Overpaid beneficiary — Damages — Interest.

RYAN v. MUIR & CO.VLR 411

MADDEN, C.J., HOOD, J., and CUSSEN, J.·5 Aug 1912·Supreme Court of Victoria

County CourtPractice — Appeal — Case signed and settled by Judge — Enlargement of time for transmission to Supreme Court — Failure of Judge to indorse — Effect of — Appeal improperly in list — Mode of removing — County Court Act 1890, s. 133 — County Court Rules 1891, rr. 376, 377, 378, 379.

OLIVER v. NORTH NUGGETTY AJAX CO. NO LIABILITYVLR 416

MADDEN, C.J.·25 July 1912·Supreme Court of Victoria

CompanyElection of directors — Nominations — Informality — Error in name of company — Mode of election — General meeting — Powers of chairman — Right of meeting to complete business — Interference by Court with internal affairs of company — Injunction.

DAVIS v. DAVISVLR 427

HOOD, J.·12 Sept 1912·Supreme Court of Victoria

EvidenceAffidavit sworn out of Victoria — Notary public — Signature, judicial notice of — Marriage Act 1890, s. 126 — Supreme Court Act 1890, s. 90.

THE KING v. HINDVLR 429

A’BECKETT, J., HOOD, J., and CUSSEN, J.·2 Sept 1912·Supreme Court of Victoria

EvidenceHusband and wife — Charge against husband under Marriage Act 1901 (No. 1737), s. 3 (I.) (b) — Competency of wife as witness against husband.

NAYLOR v. NAYLORVLR 430

HOOD, J.·27 Sept 1912·Supreme Court of Victoria

Husband and wifeAlimony, permanent — Ground for varying — Marriage Act 1890 (No. 1166), s. 88.

AITKEN v. COCKVLR 433

MADDEN, C.J., HODGES and HOOD, JJ.·12 Aug 1912·Supreme Court of Victoria

Costs in action by beneficiary against trusteesPaid out of corpus of trust estate under order of High Court — Order set aside on appeal — Right of trustees to recoup corpus — Retaining future income of beneficiary — Rights of assignee of beneficiary's share — Income — Liability for costs in administration of the estate.

IN RE VICTORIA SILICATE BRICK COMPANY LIMITEDVLR 442

HOOD, J.·4 Oct 1912·Supreme Court of Victoria

CompanyWinding-up — Fully paid up shares, issued at a discount — Transferee without notice — Estoppel — Articles of Association, notice as to contents of.

IN THE MATTER OF COMPANIES ACTSVLR 449

A’BECKETT, J.·19 Aug 1912·Supreme Court of Victoria

CompanyVoluntary winding up — Surplus, distribution of — Dividend — Present members, past members, rights of — Companies Act 1890 (No. 1074), s. 124 — Companies Act 1910 (No. 2293), s. 194.

MALE v. MALEVLR 455

CUSSEN, J.·24 Oct 1912·Supreme Court of Victoria

Marriage Act 1890 (No. 1166), ss. 42, 43Husband and wife — Leaving wife without means of support — Wife leaving husband's home and living apart from him of her own accord.

IN RE TIMMVLR 460

CUSSEN, J.·25 Oct 1912·Supreme Court of Victoria

Administration and Probate Act 1911 (No. 2342), ss. 3, 4Executor — "Claim against estate" — Intention of person to apply to revoke probate — Application to bar, or for leave to disregard, unprosecuted claim against estate.

BROWN v. GUNNVLR 463

CUSSEN, J.·23 Oct 1912·Supreme Court of Victoria

Justices Act 1890 (No. 1115), ss. 117, 119, 124, 128 (12), 141Attachment of debts — Order to review — Right of judgment debtor to obtain — Order of Court of Petty Sessions made without jurisdiction — Nullity — "Person aggrieved."

IN RE FORRESTVLR 466

CUSSEN, J.·28 Oct 1912·Supreme Court of Victoria

Commonwealth Judiciary Act 1903 (No. 6), ss. 69 (3), 80Criminal law — Accused person without adequate means — Appointment of counsel — Application for — Matters material to be considered.

IN RE G. C. MEADER PROPRIETARY LIMITEDVLR 471

CUSSEN, J.·14 Oct 1912·Supreme Court of Victoria

Companies Act 1910 (No. 2293), s. 189Company — Voluntary winding-up — Liquidator — Appointment of liquidator jointly with liquidator appointed by the company — Resolution of creditors authorizing application to the Court, but no person appointed to make application — By whom application may be made.