Trade mark — Infringement — Passing off — Practice — Discovery — Sale of certain goods with same mark admitted — Infringement and passing off denied — Documents relating to sales — Right to discovery before hearing of action — Rules of the Supreme Court 1906, Order XXXI., rr. 12, 13A, 20.

Pure food — Health — Sale of article below prescribed standard — Purchase by defendant with written warranty — Printed statement contained on label attached to article — Assurance to that effect at time of agreement to purchase — Sufficiency of as written warranty — Health Act 1890 (No. 1098), ss. 43, 71 — Pure Food Act 1905 (No. 2010), ss. 32, 41.

Landlord and tenant — Ejectment — Summary proceedings before justices — Notice to quit — Notice of intention to recover possession — Notices given by firm as agents — Proceedings in firm's name — Validity of — "Agent" — "Person" — Interpretation — Landlord and Tenant Act 1890 (No. 1108), ss. 89, 92.

Will — Probate — Will as to testator's own property — Independent will exercising special power of appointment — Right to separate grants of probate.

Divorce — Desertion — Separation caused by refusal of wife to maintain idle and drunken husband — Subsequent desertion by husband — "Habits or conduct inducing or contributing to the wrong complained of," what constitutes — Marriage Act 1890 (No. 1166), s. 74.

Practice — Entering judgment by default — Non-delivery of defence — Claim for detention and damages, with alternative claim for declaration and injunction pending trial — Abandonment of alternative claim — Rules of the Supreme Court 1906 — Order XXVII., r. 6.

Negligence — Verdict of jury — New trial — When Court will not order — Practice — Refusal of new trial by County Court Judge — Appeal — Re-hearing before Judge of Supreme Court — County Court Act 1890 (No. 1078), s. 133.

Promissory note — Liability of indorser — Order in time of indorsements — Indorsement by payee after action brought — Holder in due course — Estoppel — Signing otherwise than as maker or payee — Holder prima facie holder in due course — Federal Bills of Exchange Act 1909 (No. 27), ss. 25, 35 (2), 60, 61.

Stamps — Assessment of duty — Appeal — Case stated — Time — Delay — Waiver by Attorney-General — Jurisdiction — Stamps Act 1890 (No. 1140), s. 71 (1).

Practice — Special indorsement — Summary judgment — Action for recovery of land — Mortgagee and mortgagor — Mortgagor in default — Landlord and tenant — Constructive tenancy — Transfer of Land Act 1890 (No. 1149), s. 124 — Rules of the Supreme Court 1906 — Order III., r. 6; Order XIV., r. 1. — Form of indorsement.

Barrister and solicitor — Supreme Court Act 1912 (No. 2437), s. 3 — Managing clerk — Practising barrister and solicitor.

Local Government — By-law — Validity — Melbourne, City of — Melbourne Corporation Act 1842, 6 Vict., No. 7, s. 91 — Motor-cycle — Lights — Motor-car Act 1909 (No. 2237), ss. 12, 15 (2) — "Vehicle."

Church of England — Constitution, alteration of — Church Assembly — Representative of laity — Bill enabling women to vote at election of — "Laity," meaning of — Church of England Constitution Act 1854, 18 Vict., No. 45, ss. 7, 13, 14.

Evidence — Claim of privilege — Document in possession of the Crown — Confidential documents — Disclosure prejudicial to public interest — Opinion of Minister, how far conclusive — Returns supplied under Land Tax Act 1910 (No. 2284).

Banker and customer — "Banker" — Carrying on business of a banker, what constitutes — State Savings Bank of Victoria, whether a banker — Negligence — Cheques, not negotiable, crossed generally — Banker receiving payment for customer — Unauthorized crossings and markings on face of cheque — Savings Banks Act 1890 (No. 1138) — Savings Banks 1890 Amendment Act 1896 (No. 1481) — Instruments Act 1890 (No. 1103), s. 83 — Commonwealth Bills of Exchange Act (No. 27 of 1909), ss. 88, 96.

Local Government — Local Government Act 1903 (No. 1893), ss. 522, 523 — Streets on private property — Laying out — Certificate of Council — "Sufficiently drained" — Land not intended to be sold shown on plan of subdivision — No provision for drainage — "Such streets and the lands abutting thereon and the levels thereof," meaning of — Appeal — Evidence to be considered — Ss. 524, 525 — Effect of.

Company — Voluntary winding-up — Tort by company — Action commenced before liquidation — Judgment against company after commencement of liquidation — Damages — Costs — Right to payment in full — Execution — Stay — Companies Act 1910 (No. 2293), s. 194.

Trading stamp — Coupon placed in packet of goods by manufacturer — Goods sold to public by grocer — Coupon entitling holder to receive goods from manufacturer's agent — "Trading stamp" — "Issue" — Meaning of — Trading Stamps Act 1901 (No. 1750), ss. 2, 3 (1).

Criminal Law — Offence created by Statute — Mens rea, when necessary to prove — Absence of mens rea, when a defence — Onus of proof — Offence, when indictable — Commonwealth Maternity Allowance Act (No. 8 of 1912), ss. 10, 11 — Commonwealth Acts Interpretation Act (No. 1 of 1904), s. 4. — Prior charge — Acquittal — Same facts.

Melbourne Harbour Trust — Melbourne Harbour Trust Act 1890 (No. 1119), ss. 142 (xi.), (xix.), 157, 168 — Informer — Right to lay an information for an offence — By-laws — Validity of.

Police offences — Police Offences Act 1912 (No. 2422), ss. 153, 164 — Betting — Bookmaker — Carrying on business of a bookmaker without a permit — Regulations made by racing club, breach of.

County Court — Practice — Libel — Special defence of justification — Power of Judge to order particulars — Application of practice of Supreme Court — "In any case not provided for" — County Court Act 1890 (No. 1078), ss. 61, 66, 148 — County Court Rules 1891, rr. 48, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69 — Validity of r. 64.

Transfer of land — Transfer of Land Act 1890 (No. 1149), ss. 3, 4, 89, 99, 102, 112, 113, 240, 9th Schedule — Lease, form of — Lease not in form in schedule — Variation in substance — Registration, right to — Landlord and Tenant Act 1890 (No. 1108), s. 5, 2nd Schedule — Lease including demise of furniture, with undivided rent.

Bill of Exchange — Cheque — Not negotiable — Title, defect in — Transmissibility of defect — Absence of criminality in acquisition — Rights of subsequent holder — Bills of Exchange Act 1909 (No. 27 of 1909), s. 87.

Practice — Costs — Accounts, taking of — Certificate of Chief Clerk showing profits in excess of accounts brought in by defendant — Failure of plaintiff to support objections to specific items in account — Separate issues — Apportionment of costs — Rules of the Supreme Court 1906 — Order LXV., rr. 1, 2.

Justices — Practice — Partners suing in firm name — Rules under Justices Act 1890 (No. 1105), r. 20.

Divorce — Practice — Judicial separation — Petition by wife — Adultery — Application to be added as respondent — Right of third person against whom adultery alleged — Marriage Act 1890 (No. 1166), ss. 64, 78.

Criminal Law — Crimes Act 1890 (No. 1079), ss. 57, 464 — Acquittal — Concealment of birth — Child not born alive — Trial for child murder, acquittal, verdict of concealing birth.

Local government — Street on private property — Formation by council — Scheme — Service of notice on person not an "owner" — "Person intended to be made liable" — Person served not attending at meeting to object — Objection by letter — Adoption of scheme — Against whom conclusive — Local Government Act 1903 (No. 1893), ss. 526, 527, 528, 529, 530, 531, 532, 536.

Police offences — Firearms — Carrying on Sunday — Gun in pieces or in case — Purpose of shooting — Offence — Police Offences Act 1912 (No. 2422), s. 49.

Club — Rules of racing — Powers of committee — Appeal — Stewards disqualifying owner without jurisdiction — Condonation of irregularity — Estoppel — Separate charge — Expulsion — Invalid exercise of powers — No opportunity to rebut charge — Maxim, "He who comes into equity must come with clean hands" — Application of — Injunction.

Evidence — Proclamation by Governor in Council — Proof of — Judicial notice — Thistle Act 1890 (No. 1145), s. 4 — Thistle Act 1893 (No. 1337), s. 3.

Partnership — Dissolution — Firm name — Right to use name of old firm.

Local government — Drain, construction of — Subsequent insufficiency — Increased flow of drainage not caused by defendants — Liability of municipal authority — Negligence — Nuisance — Exercise of statutory power — Local Government Act 1903 (No. 1893), Part XX., Div. 3 — Appeal — Costs — Special leave — Matter of general public interest.

Landlord and tenant — Conveyancing Act 1904 (No. 1953), ss. 15, 19 — Lease prior to commencement of Conveyancing Act 1904 — Severance of reversionary estate after passing of Act — Apportionment of conditions and rights of re-entry — Option to renew contained in lease made before the Act — Exercise of such option after the Act — New lease — Agreement for lease before the Act, specific performance after the Act — Covenant to carry on business, breach of — Continuing breach — Notice under s. 19 of Conveyancing Act 1904 — Sufficiency of — Covenant to repair — "Internal part of the premises," meaning of.

Practice — Payment into Court with denial of liability — Action in substance an equitable action — Claim for account on footing of wilful default — Rules of the Supreme Court 1906 — Order XXII., rr. 1, 6, 17A.

Divorce — Grounds of — Sentences in the aggregate of imprisonment for three years or upwards — Whether required to be within five years of petition — Interpretation — Marriage Act 1890 (1166), s. 74 (c).

Administration and probate — Codicil — Validity of — Execution — Writing other than signature not seen by witnesses — Wills Act 1890 (No. 1159), s. 7.

Contract — Rescission — Lches — Contract to take shares — Misrepresentation — Statement of intention — Statement of existing fact.

Practice — Final judgment, right to — Counterclaim or set-off — Set-off for liquidated amount exceeding plaintiff's claim — Rules of the Supreme Court 1906 — Order XIV., rr. 1, 6.

Factories and Shops — Factories and Shops Act 1912 (No. 2386) ss. 5, 14 (3) — "Factory" — "Preparing or manufacturing articles for trade or sale" — "Dumping" wool — Sorting, spraying, and drying sheepskins — Salting hides — Goods already sold in local market — Preparation for shipment.

Shipping — Charter party — "Common form" — Owners and charterers — Officers, etc., in whose employ — Accident — Third person — Liability for — Costs — New trial — Defendant ordered to pay costs of first trial in any event.

Licensing — Licence fees — Annual value of premises — Method of assessment — Deductions — Evidence admissible — Licensing Act 1890 (No. 1111), ss. 17, 18, 58 — Licensing Act 1906 (No. 2068), s. 69.

Life insurance — Re-insurance — Independent contract — Representations of original assured made basis of re-insurance contract — Provision that in the event of claim "settlement" should be made by re-insured — Fraud of original assured — Payment by re-insured reasonably and in good faith — No obligation by re-insurer to recoup — Appeal to Privy Council — Special leave where applicant has already appealed to the High Court of Australia.

Factories and Shops — Factories and Shops Act 1912 (No. 2386), s. 176 (9) — Determination of Court of Industrial Appeals — Review, prim facie case for — Alteration in industrial conditions, what is — Award of Commonwealth Court of Conciliation and Arbitration inconsistent with determination.

Factories and shops — Factories and Shops Act 1912 (No. 2386), ss. 129, 227 — Carriers and carters — Regulations — Half-holiday — "Every carter shall have and take" — Information against firm name — Non-application of s. 227 — No proof as to persons represented by firm name — Order to review — Remitting to justices — Regulations under Factories and Shops Act 1912, Chap. VI. (Government Gazette, 13th March 1913).

Local Government — Informer — Right to lay informations for offences against Local Government Act 1903 — Ratepayer — Election — Extraordinary vacancy — Returning officer — Duty to hold election — Local Government Act 1903 (No. 1893), ss. 117, 121, 126, 150, 694.

Local Government — Local Government Act 1903 (No. 1893), ss. 526, 527, 528, 537, 540, 581 — Health Act 1890 (No. 1098), s. 3 — "Making, etc., streets, lanes, etc." — Asphalting footways — Owner charged with whole cost instead of half cost — "Owner," who is, under s. 528 (3) — Purchaser of property under contract of sale in possession — Statutary "notice to treat" by Harbour Trust as to part — Exercise of discretion by Council under s. 531 — Sufficiency of.

Police offences — Police Offences Act 1912 (No. 2422), ss. 72 (9), 74 (a) — Suspected person — Evidence — Grounds of suspicion — Not stated in evidence in chief — Loitering — Place of amusement — Duplicity in information.

Transfer of land — Transfer of Land Act 1890 (No. 1149), s. 193 — Administration and Probate Act 1890 (No. 1060), s. 12 — Registered proprietor — Executor — Administrator — Executor of executor, right to be registered as executor of original testator.

Insolvency — Assignment for the benefit of creditors — Consent of three-fourths majority of creditors to disposal of property — Purchase by debtor of interests of creditors who had proved — Proof of debt — Expunging proofs of such debts — Consolidating proofs of such debts — Fraud on the deed — Jurisdiction of Court of Insolvency — Equitable remedy — Plaintiff — Insolvency Act 1897 (No. 1513), ss. 79, 83.

Factories and Shops — Factories and Shops Act 1912 (No. 2386), s. 5 — Factory — Electricity — Supply to tenants or others — Geelong Harbour Trust.

Will — Construction — Rejection of words — Inapt words inserted by inadvertence — Gift in remainder to children — Vested interest — Subject to diminution by birth of another child.

Administration and Probate — Administration — Order to administer granted to Public Trustee in Tasmania — Deceased domiciled in Tasmania — Property in Victoria — Curator of Intestate Estates — Who entitled to administer — Administration and Probate Act 1890 (No. 1060), ss. 40, 44, 52, 55.

Settled land — Settled Estates and Settled Land Act 1909 (No. 2235), s. 50 — Settlement — What is — Annuities — Devise of land subject to annuities — Charity, gift to.

Will — Construction — "All my property which shall not consist of money" — No express disposition of money — General intention of testator to dispose of all property — Implied disposition of money — Literal construction — Rejection of — Costs — Residue — Lapsed share.

Factories and Shops — Factories and Shops Act 1912 (No. 2386), ss. 18, 20, 236 — Obstructing an inspector in the execution of his duties — Books not required by Act to be kept — Production, refusal of.

Fences — Justices Act 1890 (No. 1105), ss. 4, 141 — Order — Adjudication under Fences Act 1890, s. 8 — Order to review — Fences Act 1890 (No. 1092), ss. 3, 5, 7, 8 — Notice to fence, sufficiency of — Occupier — Tenant in possession.

Milk and dairy supervision — Dairy farm — What constitutes — Habitual user — Licence — Prohibition of milking within certain area — Milking in area without licence — Whether offence under sec. 44 (1) (g) — Evidence — Information as for second offence — Previous conviction — When to be proved — Milk and Dairy Supervision Act 1905 (No. 2011), ss. 3, 11, 31, 44 — Order to review — Practice — Facts not proved before justices — Remitting on terms.

Maintenance — Marriage Act 1890 (No. 1166), s. 42 — Marriage Act 1900 (No. 1684) — Estoppel — Res judicata — Pre-maternity order — Adjudication of paternity — Subsequent application for maintenance of child — Identity of parties.

Pure food — Pure Food Act 1905 (No. 2010), ss. 32, 35 — Health Act 1890 (No. 1098), s. 71 — Sale of adulterated article of food — "All reasonable precautions against committing an offence" — What constitutes — Written warranty from seller — Effect of obtaining or not obtaining.

Justices — Court of Petty Sessions — Jurisdiction — Civil debts recoverable summarily — Account stated, money due on — No antecedent liability — Justices Act 1904 (No. 1959), s. 14.

Motor-car — Motor-car Act 1909 (No. 2237), s. 10 (1) — Negligently driving a motorcar on a public highway — "Having regard to all the circumstances of the case... and to the ... amount of traffic which might reasonably be expected to be on such highway" — Justices — Form of information — Duplicity.

Will — Construction — Prepetuity — Class gift — Gift to designated persons — "To divide among S. B. widower of my late sister A. B. and his sons who shall attain the age of 25 years or the survivors of them."

Will — Construction — Class gift — Future gift or immediate gift — "To the children of R. and his present wife who shall attain twenty-five years" — Power to dispose of share by will though under twenty-five — Remoteness — Rule against perpetuities — Gifts not severable — Some of children of age at testator's death — Whether donees designated.

County Court — Practice — County Court Act 1890 (No. 1078), s. 90 — Time — Computation of — Notice that jurors are required — Notice to Registrar ten days before return day — Waiver.

Income tax — Company — "Profits" — Schemes of arrangement by banking companies with creditors — Assets companies — Transfer to single Assets Company — Realization of assets — Net surplus over valuations — Whether taxable — Bonus declared — Debentures distributed — Debentures redeemed at less than par — Whether difference "profits" — Income Tax Act 1903 (No. 1819), s. 9.

Company — Alteration of objects — "Conveniently or advantageously be combined with business of the company" — Scope of alteration permissible — Modification of special resolution without fresh meeting — Companies Act 1910 (No. 2293), s. 17 (1) d.

Land tax — Melbourne Harbour Trust, land owned by — Lease by Harbour Trust to private person — Liability of Harbour Trust to tax — Assessment — Objection — Defence of non-liability — Obligation of person not liable to tax to object in prescribed manner — Land Tax Act 1910 (No. 2284), ss. 3, 9, 20, 21, 39, 40.

Pawnbroker — Pledge — Entry of sale — Sum lent not above five shillings — Right to inspect entry — Pawnbrokers Act 1890 (No. 1124), s. 29.

Practice — Service — Substituted service — Habeas corpus — Rules of the Supreme Court 1906 — Orders LIII., r. 42, LXVII., r. 6.

Licensing — Licence — Grocer's licence — Spirit merchant's licence — Landlord — Tenant — Removal — Licensing Act 1906 (No. 2068), s. 30.

Police offences — Police Offences Act 1912 (No. 2422), s. 173 — Indecent matter — Inhabitant, delivery of to.

Highway — Nuisance — Negligence — Contributory negligence — Waggon load of wheat left by teamster unguarded on highway — Injury to horses, wandering on highway, through eating wheat — "Lawfully using" highway — Teamster not liable.

Intestacy — Married woman dying intestate without next of kin — Devolution of estate — Title of husband — Bona vacantia — Title of Crown — Married Woman's Property Act 1890 (No. 1116), s. 25.

Administration and Probate — Duty — Administration and Probate Act 1890 (No. 1060), s. 112 — Administration and Probate Act 1903 (No. 1815), s. 8 — Settlement — Trusts and dispositions which may take effect upon the death of the settlor — No property subject to settlement at time of settlor's death — Settlement not chargeable with duty.

Local government — Injunction — Corporation of Geelong — Estimate of expenses to be incurred — Power to make contract for work not included in estimates — Power to borrow — Retrospective rates — Act 6 Vict. (No 7), ss. 1, 67, 98 — Local Government Act Amendment Act 1889 (No. 1055), s. 13.

Local government — Injunction — Corporation of Geelong — Estimate of expenses to be incurred — Power to make contract for work not included in estimates — Extent of powers of corporations created by Statute — Expenditure not necessarily to be paid out of rates — Act 6 Vict. (No. 7), ss. 1, 67, 98 — Local Government Act Amendment Act 1889 (No. 1055), s. 13.

Will — Construction — Trustee — Agent — Advance — "Advance out of their expectancy without security" — Whether loan or payment on account of share — Trustee authorized to act as agent — Insurance premiums — Brokerage — Bonus — Rents — Interest — Collection of — Commission — Right of trustee to retain — Improvements — "Incumbrances, necessary improvements, repairs, insurances, or other charges" directed to be paid out of income — Sewerage connections — Whether an "improvement."

Pound — Trespass rates — Excessive demand — Notice of intention to complain — "Illegal damages charged" — Notice — Signature by agent — Sufficiency — Pounds Act 1890 (No. 1129), s. 25.

Criminal law — Plea — Autrefois acquit — Two offences not substantially the same — Possession of property reasonably suspected of being stolen — Receiving stolen property knowing it to be stolen — Evidence on first and second charges.

New trial — Appeal — Negligence — Question of fact — Verdict of jury — Evidence both ways — Principle upon which new trial granted or refused.

Gaming — Place used for betting — Private box at the General Post-Office — Police Offences Act 1912 (No. 2422), ss. 87, 97 — Practice — Case stated — Right to begin.

Income tax (Victoria) — Trust estate — Income derived from carrying on several businesses by trustees — Taxation of beneficiary — Whether income from personal exertion or the produce of property — Income Tax Act 1895 (Vict.), No. 1374, ss. 2, 8, 9 (2), 9 (3), 15 (2), 34 (2), 41 (1) — Income Tax Act 1896 (Vict.), No. 1467, ss. 4, 12 (1) c.

Administration and probate — Probate duty — Statement for duty — Deductions — Debts due — Debt barred by Statute of Limitations — Administration and Probate Act 1890 (No. 1060), s. 97.

Transfer of land — Practice — Title by adverse possession — Registered proprietor deceased — Parties — Transfer of Land Act 1904 (No. 1931) — Rules of Supreme Court, 14th December 1906, c. viii. — Application by summons.

Practice — Security for costs — Foreign company — Liquidation — Companies Act 1910 (No. 2293), s. 287 — Rules of the Supreme Court 1906 — Order LXV., r. 6a.

Will — Construction — Absolute interest — Subsequent words implying a defeasible interest — Gift over — "Die unmarried" — Period referred to — Discretion in trustee to advance part of share — Effect of on nature of gift — Costs of appeal — Appeal dismissed subject to variation of order.

Prohibition — Imprisonment of fraudulent debtor — Husband and wife — Order regular on face — Justices — Order confirmed in Court of General Sessions — Effect — Order nisi for prohibition — To whom to be directed — Discretion — Imprisonment of Fraudulent Debtors Act 1890 (No. 1100), s. 22 — Order under is mode of execution — Alternative remedy — Married Women's Property Act 1890 (No. 1116), s. 15 — Justices Act 1890 (No. 1105), s. 128 (7) — Objection not taken below.

Defamation — Practice — Libel — Discovery — Anonymous letter published in newspaper — Name of writer, when ordered to be disclosed — Special reasons.

Trading stamp — Coupon placed in packet of goods by manufacturer — Goods sold to public by grocer — Coupon entitling holder to receive goods from manufacturer's agent — Principal and agent — "Trading stamp" — "Issue" — Meaning of — Trading Stamps Act 1901 (No. 1750), ss. 2, 3 (1).

Practice — Summary judgment — Plaintiff intimating intention not to proceed with action — Application by defendant for summary judgment — Non-appearance of plaintiff on hearing of summons — Rules of the Supreme Court 1906 — Order XIV. A, r. 1.

Divorce — Desertion — Ill health of wife preventing her from living with petitioner — Marriage Act 1890 (No. 1166), s. 74 (a).

Criminal law — Carnally knowing step-daughter — "Step-daughter" — "Born in lawful wedlock" — Illegitimate daughter of wife of accused — Crimes Act 1891 (No. 1231), ss. 8, 9 (2).

Fire — Escape of — Land, liability for damage caused by escape of dangerous thing brought thereon — Natural user — User for domestic purposes — Master and servant — Respondeat superior — Principal officers of Crown — Liability of owner of land — Liability of occupier of land — Extent of duty to prevent fire from spreading — Negligence — Closer settlement — Land acquired under Closer Settlement Act 1904 (No. 1962) and amending Acts — Lands Purchase and Management Board of Victoria — Water Act 1905 (No. 2016) — State Rivers and Water Supply Commission.

Local Government — By-law — Validity — Melbourne, City of — Melbourne Corporation Act 1842, 6 Vict., No. 7, s. 91 — Motor-cycle — Lights — Motor-car Act 1909 (No. 2237), ss. 12, 15 (2).

Divorce — Practice — Decree nisi — Delay in drawing up — Proceedings after lapse of year — Affidavit, contents of — Statement that cohabitation has not been resumed — Rules of the Supreme Court 1906 — Order LXII., r. 14 (A) — Order LXIV., r. 13 — Divorce Rules 1906, rr. 125, 126.

County Court — Practice — Appeal — Notice given — Case not transmitted and set down within prescribed time — Money paid into County Court as security — Payment out — Setting down or striking out appeal — Jurisdiction of Supreme Court — County Court Act 1890 (No. 1078), s. 133 — County Court Rules, rr. 378, 380.

Practice — Judgment debtor — Oral examination — Application for — Ex parte or on notice — Order XLII., r. 32.

Shipping — Carriage by sea — Bill of lading — Clause exonerating ship-owner after goods free from ship's tackles — Validity of — "Proper ... delivery," what is — Consignee not notified and not taking delivery — Loss of goods — Duty of ship-owner — "Negligence fault or failure in the proper ... delivery of goods" — Clause limiting liability of ship-owner to 10l. in respect of packages of which the value not declared and extra freight paid — Validity of — Commonwealth Sea Carriage of Goods Act (No. 14 of 1904), ss. 5 (a) (c), 8 — Practice — Costs — Appeal by special leave — Appellant undertaking to abide any order Court may make as to costs — Successful defendant appellant ordered to pay costs of plaintiff in Court below — Jurisdiction to make order.