IN RE REX MOTORS PROPRIETARY LIMITEDVLR 1
Company — Voluntary Liquidation — Execution by Judgment Creditor — Power of Court to Stay — Companies Act 1915 (No. 2631), secs. 142, 144, 194.
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Cases reported in this volume of the Victorian Reports
Company — Voluntary Liquidation — Execution by Judgment Creditor — Power of Court to Stay — Companies Act 1915 (No. 2631), secs. 142, 144, 194.
Costs — Taxation — Counsel's fees — Quantum — Discretion of Taxing Master — Review by Court — Substantial Attendance — Legal Profession Practice Act 1915 (No. 2681), sec. 12 — Rules of the Supreme Court 1916, Order LXV., r. 27 (38) (41).
Bailment — Repairs to chattel — Motor car — Bailee's responsibility, notice limiting — "Cars garaged and driven at owner's risk — Every care but no responsibility" — Car left for repairs — Damage through negligence of bailee while driving car to test repairs — Application and effect of notice.
Trade Mark — Registration — Motion to expunge — "Birdseye Macaroni" — Words descriptive of goods — Proceedings in firm name — Power to take — Trade Marks Act 1905-1922, secs. 16, 71.
Service and Execution of Process Act 1901-1924, sec. 22A — Certificate of Tasmanian judgment registered in Victoria — Costs of registration — Assessment by Court, application for — Material in support.
Health Act 1919 (No. 3041) sec. 232 — Food, Sale of, non-compliance with standard — Unopened package — Liability of manufacturer and packer on sale by another.
Charities — Water Supply — Supply for public purposes without charge — "Charitable institution" — Lost Dogs' Home — Melbourne and Metropolitan Board of Works Act 1915 (No. 2696), sec. 94.
Contract — Bill of Sale — Intended purchase of chattel on terms — Sale "financed" by third person paying price to vendor — Hire of chattel by third person to intending purchaser — Substance of transaction — Whether purchase or loan by third person — Whether hire contract a bill of sale.
Postponement of Payments Act 1927 (No. 3571), sec. 2 — "Obligor" — "Purchaser under a hire-purchase agreement" — No obligation to purchase.
Criminal law — Bail — Non-capital charge — Principles and conditions governing granting of bail.
Probate — Exemplification of foreign probate — Sealing in Victoria — "Executor . . . therein named" — Order discharging executors to whom probate granted and substituting new executor. — Application in Victoria by substituted executor — Administration and Probate Act 1915 (No. 2611), sec. 51.
Motors — Motor omnibus — "Plying for hire" — Owner of unlicensed motor omnibus under contract with club plying over defined route for fixed weekly sum — Only club members to be carried — Fares to be collected by driver and handed to club — Member carried and fare collected — Whether a plying for hire — Motor Omnibus Act 1924 (No. 3378), s. 13 (1).
Local Government — Person found committing breach of by-law — Refusal to give name and place of abode — Local Government Act 1915 (No. 2686), secs. 4, 717 — Whether sec. 717 applies to City of Melbourne.
Motor Car Act 1915 (No. 2702), sec. 13 — Motor car not carrying warning device — Driver, whether guilty of offence.
Motors — Motor omnibus — "Plying for hire" — Owner of unlicensed motor omnibus under contract with club plying over defined route for fixed weekly sum — Only club members to be carried — Fares to be collected by driver and handed to club — Member carried and fare collected — Whether a plying for hire — Motor Omnibus Act 1924 (No. 3378), sec. 13 (1).
Practice — Pleading — Defence — Evasive denial — Bare denial of single allegation stated modo et form — Rules of the Supreme Court, 1916, Order XIX., rr. 13, 17, 19.
Motors — Motor omnibus — Licensing of — Passengers carried for lump sum under agreement — "Separate and distinct fares for each passenger" — Offence — Motor Omnibus (Urban and Country) Act 1927 (No. 3570), secs. 3, 40.
Licensing — Licensed premises — Sanitary precautions — Order of licensing inspector to instal septic tank system — Other system already in use — Validity of order — Licensing Act 1915 (No. 2683), secs. 138, 139, 203; Licensing Act 1922 (No. 3259), sec. 20.
Landlord and tenant — Lease — Licensed premises — Covenant by lessee to pay, &c., all rates, &c., impositions and outgoings — Installation of new sanitary system ordered by licensing inspector — Cost of, whether lessee liable to pay under covenant.
Will — Interpretation — "Children" — Illegitimate child — Gift to "my niece J.M. daughter of my sister M." — Residue to be divided amongst "the children of my brothers and sisters" — J.M. illegitimate — Whether entitled to share in residue.
Local Government — Claim against municipality for compensation — Claim heard by police magistrate — Power of police magistrate to state a case for opinion of Supreme Court — Arbitration Act 1915 (No. 2614), secs. 8, 23 — Local Government Act 1915 (No. 2686), Part XXXVII.
Dentist — Employment of assistant — Permit stating that assistant has previously practised under supervision of a dentist — Whether "dentist" includes a person recorded by the Dental Board — Medical Act 1915 (No. 2695), sec. 66 (3) (a) — Medical (Dentists) Act 1927 (No. 3569), sec. 12.
Divorce — Wife's costs — Investigation by proctor — "Sufficient separate estate" — Wife's assets necessary to her maintenance and not of kind readily encumberable — Alimony pendente lite — Wife supporting herself prior to petition — Marriage Act 1915 (No. 2691), secs. 142, 159.
Copyright — Musical work — Reproduction in public by means of mechanical contrivance — Infringement of copyright — Copyright Act 1912 (No. 20 of 1912), Schedule (Imperial Copyright Act 1911): secs. 1, 19.
Shipping — Bill of lading — Condition for cesser of shipowner's liability as soon as goods free from ship's tackles — Condition for storage of goods at owner's sole risk and expense on owner failing to take delivery — Following usual method of delivery, goods placed by ship-owner in store — Loss of goods from store — Liability for loss.
Tort — Husband and wife — "Consortium" — Respective rights of husband and wife — Action by wife against third person for damages for loss of society, protection and partial support of husband.
Health — Food, sale of — Unopened package — Non-compliance with regulations — Liability of manufacturer on sale by another — Prosecution directed by council of municipality other than that in which offence committed — Proceedings against firm in firm-name — Health Act 1919 (No. 3041), secs. 232, 354.
Motors — Motor car — Unlicensed driver — "Bon fide learning to drive," meaning of — Driver under age of eighteen years — Whether a "person" within meaning of sec. 7 — Motor Car Act 1915 (No. 2702), secs. 6, 7.
Insurance — Life insurance policy — Assignment — Validity — Assignment not in statutory form and not registered — Equitable assignment — Companies Act 1915 (No. 2631), Part III., secs. 476, 478.
Company — Shares — Insolvency of member — Claim by assignee to be registered as a member — No relevant transmission clause in articles — Table A excluded — Discretionary power of directors to refuse registration of transfers — Insolvency Act 1915 (No. 2671), secs. 141, 154.
Factories and shops — Employment — Shortage of wages — Bankruptcy of employer — Shortage a debt provable in bankruptcy — Effect of sequestration on power of Court of Petty Sessions to make order for payment — Factories and Shops Act 1915 (No. 2650), secs. 199, 225, 232 — Factories and Shops Act 1927 (No. 3573), sec. 32 — Bankruptcy Act 1924-1928, sec. 60 (2).
Criminal law — Larceny by a trick — Goods on sale or return — Power given to pass property in goods — Pledge — Passing of property.
Real Property — Equitable estate — Assignment — Gift — Land under Transfer of Land Act — Instrument of transfer to assignor lodged for registration before, but not registered until after, date of assignment — Transfer of Land Act 1915 (No. 2740), secs. 51, 53, 59, 61, 121 — Transfer of Land Act 1916 (No. 2849), sec. 3.
Company — Voluntary winding-up — Application to Court for appointment of liquidator — Time within which to be made — Companies Act 1915 (No. 2631), secs. 186 (ix.), 189 (2) — Rules of the Supreme Court 1916, Order LIV., r. 1; Chap. VII., r. 6 (2).
County Court — Judgment — Entry of judgment in Supreme Court — Merger of County Court judgment — Execution — When statute barred — County Court Act 1915 (No. 2636), sec. 104 — Real Property Act 1915 (No. 2719), sec. 47.
Transfer of land — Subdivision — Plan — Registrar's duty to receive and consider plan of subdivision submitted — Transfer of Land Act 1915 (No. 2740), secs. 201, 211, 212.
Licensing — Sale of liquor without licence — More liquor on premises than, reasonably required for use of residents — Prim facie evidence of unlawful sale — No positive finding of sale by defendant — Case stated — Licensing Act 1915 (No. 2683), s. 237.
Defamation — Libel — Innuendo — Whether words capable of meaning assigned — No direction to jury that words capable of less injurious meaning — Plea of justification — Persistence in at trial — Whether may be considered in assessing damages.
Defamation — Libel — Innuendo — Whether words capable of meaning assigned — Plea of justification persisted in but not established — Assessment of damages.
Bankruptcy — Sale of assets by trustee — Whether sale impeachable by person aggrieved — Bankruptcy Act 1914 (4 & 5 Geo. V., cap. 59), sec. 80. Cf. Bankruptcy Act 1924 (No. 37 of 1924), sec. 148.
Trusts — Execution — Cestui que trust presently entitled to trust property — Trustees having notice of charges on his interest.
Solicitor — Unqualified person acting as solicitor — Letter to debtor demanding payment and threatening legal action in default — Contempt of Court — Imperial Acts Application Act 1922 (No. 3270), sec. 87.
Contract — Restraint of trade — Sale of business — Covenant by vendor not to carry on or be engaged, concerned or interested in, or permit his name to be used in connection with, a similar business within one hundred miles — Validity of covenant.
Evidence — Affidavit in place out of Victoria — Mandated Territory of New Guinea — Affidavit sworn before commissioner of local Central Court — Certificate under seal of Court — Admissibility of affidavit — Evidence Act 1915 (No. 2647), sec. 116.
Contract — Evidence — Sale of land — Agent authorised by defendant to make offer to plaintiff — Written authority signed by defendant — Subsequent agreement between plaintiff and defendant's agent in terms of authority — "Memorandum . . . signed by the party to be charged" — Instruments Act 1915 (No. 2672), sec. 228.
Company — Winding-up — Expenses of liquidation — Preferential creditors — "Clerk or servant" — Wages or salary — First charge upon property — Availability of assets — First and second mortgages of land — Debenture by way of floating charge — Burden of statutory charge — Companies Act 1915 (No. 2631), sec. 208.
Contract — Restraint of trade — Sale of business and goodwill — Covenant by vendor not to carry on, etc., similar business.
Will — Interpretation — Hotchpot — Advancement — Parent and child — Double portions — Quarterly payments to daughter by way of income.
Local Government — Rates — Valuation — "Fair capital value" — Commission payable on sale of property — Local Government Act 1915 (No. 2686), sec. 252.
Licensing — Information for offence — Informant not present at hearing — Appearance by Licensing Inspector — Justices Act 1915 (No. 2675), sec. 200 — Licensing Act 1915 (No. 2683), secs. 80, 81.
Practice — Costs — Summons for final judgment — Liberty to defend — Rules of Supreme Court 1916, Order XIV.
Pounds and Impounding — Cattle wandering on public road with consent of council — Right of adjoining occupier to impound — Interfering with cattle seized for purpose of being impounded — Local Government Act 1915 (No. 2686), secs. 487, 488 — Pounds Act 1915 (No. 2710), secs. 17, 30.
"Transfer of land — Transfer — Registration — Registrar having notice that transfer intended as security for loan — Repayment — Subsequent transfer to third person — Refusal of registration.
Patent — Opposition — Want of novelty — Prior publicatiom — Patents Act 1903-1921 (No. 21 of 1903-No. 24 of 1921), sec. 56.
Criminal law — Deserting wife and children and leaving them without adequate means of support and going to reside or being resident beyond Victoria — Desertion occurring after departure from Victoria — Interpretation of statutes — Extra-territorial operation — Marriage Act 1915 (No. 2691), sec. 97.*
* Marriage Act 1915 (No. 2691)
Will — Interpretation — Administration of assets — Devise and bequest of half estate to one, and, after payment of debts, legacies, and the balance to others — Incidence of funeral and testamentary expenses.
Police Offences Act 1915 (No. 2708), sec. 82 — Fortune-telling — Palmistry — "Defraud or impose on," Meaning of.
Practice — Costs — Interpleader summons — Applicant's costs, as between solicitor and client, out of fund.
Equitable assignment — Agreement to discharge debt out of proceeds of sale of sheep.
Police — Power to seize and detain goods — Person in possession not arrested — Seizure without warrant.
Administration and probate — Executor — Commission — Whether commission allowable in respect of land which remains unconverted until conveyed to beneficiary — Transfer of land to beneficiary — Executorial function — Death of executor — Duty of his executor — Administration and Probate Act 1915 (No. 2611), sec. 34.
Practice — Proceedings before Chief Clerk — Application to take opinion of Judge on matter arising in the proceedings — Functions of Judge — Rules of Supreme Court 1916, Order LV., r. 69.
Company — Reduction of capital — Practice — Settling list of creditors — Dispensing with — Only creditors those for trade liabilities incurred from day to day — Companies Act 1915 (No. 2631), secs. 53 to 59.
Solicitor and client — Lien — Client's documents retained by solicitor — Delivery of documents — Jurisdiction of Court to order — Legal Profession Practice Act 1915 (No. 2681), sec. 8.
Income Tax — State — Assessment — Shipowner — Return of freight payable — Forwarding charges — Carriage of goods from Victorian port — Transhipment at port of call — Goods forwarded by shipowner — On-carriage not by a vessel of shipowner — Income Tax Act 1915 (No. 2668), sec. 16 (1).
Practice — Trial by jury — Right to — Husband and wife — Claims by wife against husband for damages for trespass, detention and conversion — Cause or matter previously within the cognizance of the Court in its equitable jurisdiction — Married Women's Property Act 1915 (No. 2692), sec. 15 (1) — Rules of the Supreme Court 1916, Order XXXVI., r. 3.
Charity — Gift by will to "the blind and their children" — Validity — Trusts Act 1915 (No. 2741), sec. 79.