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[1932] VLR(77 results)

Cases reported in this volume of the Victorian Reports

IN RE JARVIS AND BURGESS’S CONTRACTVLR 1

LOWE J.·4 Dec 1931·Supreme Court of Victoria

Financial Emergency Act 1931 (No. 3961), sec. 28Financial Emergency (Amendment) Act 1931 (No. 3970), sec. 5 — Conditions precedent to issue of summons — "Covenants" — Agreement not under seal.

CORNFOOT v. HOLDENSONVLR 4

MANN J.·13 Nov 1931·Supreme Court of Victoria

GuaranteeCurrent account at bank guaranteed by two persons — Agreement by each guarantor with bank not to claim benefit of any other guarantee — Right of contribution as between guarantors.

IN RE EFRON’S TIE AND KNITTING MILLS PTY. LTD.VLR 8

CUSSEN A.C.J., Mann J., McArthur J.·28 Sept 1931·Supreme Court of Victoria

CompanyObjects — Guarantee — Ultra vires — Due execution of instrument — Director disqualified by interest — Presumption of regularity — Sufficiency of execution by one director in dual capacity.

ROSENBAUM v. ROSENBAUMVLR 31

LOWE J.·15 Sept 1931·Supreme Court of Victoria

DivorceOrder for payment into Court of 20l. for wife's costs — Noncompliance with order — Attachment — Stay of proceedings — Dismissal of petition — Marriage Act 1928 (No. 3726), sec. 114.

IN RE BRITISH AUSTRALIAN WOOL REALISATION ASSOCIATION LTD.VLR 34

McARTHUR J.·9 Sept 1931·Supreme Court of Victoria

CompanyArticles of association — Validity — Unclaimed moneys — Forfeiture — Companies Act 1928 (No. 3659), secs. 22, 222, Part V.

BUTLER v. LEWISVLR 62

CUSSEN A.C.J., MANN J., MacFRARLAN J.·2 Dec 1931·Supreme Court of Victoria

InstrumentsBill of sale — Sale by father to daughter of furniture in their common residence — Sale note — Passing of possession — Power to seize or take possession — Instruments Act 1928 (No. 3706), secs. 28, 30.

JOHNSTON v. COLLINSVLR 66

LOWE J.·9 Dec 1931·Supreme Court of Victoria

Veterinary Surgeon"Pretending" to be a veterinary surgeon — Treatment of animal by unregistered person — Veterinary Surgeons Act 1928 (No. 3800), sec. 23.

FEDERAL COMMISSIONER OF TAXATION v. W. ANGLISS & CO. PTY. LTD.VLR 69

[Coram RICH, STARKE, DIXON, EVATT AND McTIERNAN JJ.]·1 Oct 1931·In the High Court of Australia

War-time profits tax"Profits arising . . . from sources within Australia" — Sale of goods in England — War-time Profits Tax Act 1917-1918 (No. 33 of 1917 — No. 40 of 1918), secs. 10, 15.

McGIFFORD v. O’BRIENVLR 71

MANN J.·23 Oct 1931·Supreme Court of Victoria

Vendor and purchaserSale of land — Payment by instalments — Part payment — Rescission of contract — Rights of parties — Adjustment — Diminution in value of land — Use and occupation — Contract subject to conditions in Table A of Transfer of Land Act 1915.

SYME v. CITY OF KEWVLR 81

CUSSEN A.C.J.·7 Dec 1931·Supreme Court of Victoria

Local GovernmentSubdivision of land — Plan of subdivision — Refusal by council to seal — Reasons for refusal — Appeal to petty sessions — "Matter of the appeal" — Powers of police magistrate — Local Government Act 1928 (No. 3720), secs. 568, 569.

THE METROPOLITAN GAS COMPANY v. McILWRAITH McEACHARN LIMITEDVLR 88

CUSSEN A.C.J.·30 Nov 1931·Supreme Court of Victoria

Financial Emergency ActsMortgage — Debenture secured on company's "undertaking rates and other revenues" — Whether a "mortgage" — "Real or personal property or any interest therein" — Reduction in rate of interest payable under debenture — The Metropolitan Gas Company's Act 1878 (No. 586), secs. 2, 55 — Financial Emergency Act 1931 (No. 3961), secs. 14 (1), 19 (1) (2), 22 (1).

WALKER v. CARTONVLR 97

CUSSEN A.C.J.·22 Feb 1932·Supreme Court of Victoria

PoundsImpounding — Rescuing cattle "seized for the purpose of being impounded" — Cattle removed from pound retaken by poundkeeper — "Fresh pursuit" — Pounds Act 1928 (No. 3752), sec. 30 (i.).

IN RE INCOME TAX ACTSVLR 102

Cussen A.C.J., Mann J., MacFarlan J.·8 Dec 1931·Supreme Court of Victoria

Income TaxIncome — Lease — Premium, fine or foregift — Lease of hotel for term of 5 years — Single sum paid for goodwill and licence during term — Income Tax Act 1928 (No. 3701), sec. 13.

THE COMMISSIONER OF TAXES v. BRITISH AUSTRALIAN WOOL REALISATION ASSOCIATION LTD.VLR 109

McArthur J., MacFarlan J., Washley J.·11 Dec 1931·Supreme Court of Victoria

CostsSpecial case — Case stated under Income Tax Acts by County Court — Order of Supreme Court for taxation of costs of and incidental to special case — Costs of preparation of special case — Jurisdiction to allow — Scale of taxation — Amendment of ambiguous order — Income Tax Act 1928 (No. 3701), sec. 67 (2) — Rules of the Supreme Court 1916, Order LXV., r. 27, reg. (29).

DENNIS v. MARTINVLR 114

MANN J.·29 Feb 1932·Supreme Court of Victoria

MortgageTransfer of land subject to mortgage — Agreement between transferee and mortgagee extending due date of principal — Liability of mortgagor — Transfer of Land Act 1928 (No. 3791), sec. 127.

IN RE W. H. EUTROPE & SONS PTY. LTD.VLR 124

MANN J.·1 Mar 1932·Supreme Court of Victoria

CompanyWinding up of insolvent company — Priority of debts — Companies Act 1928 (No. 3659), sec. 207.

CITY OF MORDIALLOC v. SIBTHORPEVLR 129

Cussen A.C.J., Mann J., McArthur J.·26 Oct 1931·Supreme Court of Victoria

Local GovernmentMaking streets, etc., at cost of adjoining owners — Notice served on frontager — Defective notice — Notice as to payment by instalments not as prescribed — Local Government Act 1915 (No. 2686), secs. 532, 534 — Local Government Act 1921 (No. 3167), sec. 25 — [Local Government Act 1928 (No. 3720), secs. 580, 582].

IN RE THE EQUITY TRUSTEES EXECUTORS & AGENCY CO. LTD. AND CONSIDINE’S CONTRACTVLR 137

CUSSEN A.C.J.·7 Dec 1931·Supreme Court of Victoria

Landlord and tenantLease — Covenant to pay rent — Frustration of contract — Lease of race-course — Statutory prohibition of use of land for racing — Compensation fund — Police Offences (Race-meetings) Act 1929 (No. 3818), sec. 3.

BYRNE v. STEELEVLR 143

CUSSEN A.C.J.·27 Nov 1931·Supreme Court of Victoria

EasementRight of way — Prescriptive right — Right to effect repairs to way.

IN RE TILLAM BOEHME AND TICKLE PTY. LTD.VLR 146

MANN J.·18 Dec 1931·Supreme Court of Victoria

ContractPrivate international law — Debt due in England by Victorian debtor — Payment in English currency — Rate of exchange.

IN RE DEEP SEA DIVING AND SALVAGE LTD.VLR 150

CUSSEN A.C.J.·7 Mar 1932·Supreme Court of Victoria

CompanyAllotment of shares — Minimum subscription not reached — No statutory meeting — Winding up — Avoidance of allotments — Companies Act 1928 (No. 3659), secs. 93, 94 (1).

IN RE PAYNE AND HARTLEY’S LEASEVLR 154

LOWE J.·10 Mar 1932·Supreme Court of Victoria

Landlord and tenantStatutory reduction of rent — "Fair equivalent" to lessor — Land tax payable by lessor — Landlord and Tenant (Rent Reduction) Act 1931 (No. 3990), secs. 6, 8.

JOSKE v. WHAMONDVLR 158

[Coram GAVAN DUFFY C.J., RICH, STARKE, EVATT AND McTIERNAN JJ.]·30 Nov 1931·In the High Court of Australia

DentistUnregistered person practising dentistry — Person holding permit authorizing his employment by a registered dentist — Dental operations performed by permittee without the personal supervision of his employer — Medical Act 1928 (No. 3730), ss. 68, 71, 72.

DEELEY v. STIRREYVLR 159

Cussen A.C.J., Macfarlan, J., Lowe J.·3 Mar 1932·Supreme Court of Victoria

Police OffencesBetting — Occupier of premises using same for purpose of betting — Person deemed to be occupier — Person having "care government or management" of premises — Wife serving in husband's shop — Police Offences Act (No. 3749), secs. 98, 156.

McLAREN v. GANNAWAYVLR 166

CUSSEN A.C.J.·7 Mar 1932·Supreme Court of Victoria

Landlord and tenantRecovery of possession — Application to justices assembled in petty sessions — Order for ejectment — Delaying ejectment — Proper order — Issue of warrant — Landlord and Tenant Act 1928. (No. 3710), sec. 72; Ninth Schedule.

CRAVEN v. GEALVLR 172

CUSSEN A.C.J.·23 Dec 1931·Supreme Court of Victoria

Real propertyFixtures — Purchase of land under contract of sale — Chattels obtained by purchaser on hire-purchase terms, and affixed to soil — Re-sale of land by owner on default by purchaser — Rights of owner of chattels.

CURRIE v. LEEVLR 178

CUSSEN A.C.J.·16 Feb 1932·Supreme Court of Victoria

PracticeAction against joint contractors — Defendants appearing separately at different times — Final judgment under Order XIV. against one defendant — Continuance of action against other defendants — Rules of the Supreme Court 1916, Order XIV., r. 5; Order XIX., r. 15.

EX PARTE MUIRVLR 182

CUSSEN A.C.J.·21 Jan 1932·Supreme Court of Victoria

PracticeCrown remedies — Judgment on estreated recognisance — Writ of fieri capias — Defendant unable to pay amount levied — Sheriff's prisoner — Application for release — Crown Remedies and Liability Act 1928 (No. 3665), ss. 5, 6, 16.

IN RE HAAS AND SKUTHORP’S LEASEVLR 187

LOWE J.·2 Mar 1932·Supreme Court of Victoria

Landlord and tenantRent reduction — Lease — Rent reduced by more than 22 per cent. before coming into operation of Act — Landlord and Tenant (Rent Reduction) Act 1931 (No. 3990), sec. 6 (1) (a), (2) — Exclusion of operation of sec. 6 (1) (a).

MEIKLE v. LE SUEURVLR 190

MANN J.·23 Mar 1932·Supreme Court of Victoria

Police offencesCriminal law — Justices — Jurisdiction — Possession of property suspected of having been stolen — Larceny — Police Offences Act 1928 (No. 3749), sec. 40.

THE COLONIAL GAS ASSOCIATION LTD. v. GREENVLR 193

Cussen A.C.J., Mann J., Lowe J.·31 Mar 1932·Supreme Court of Victoria

Financial Emergency ActsTerritorial application — Mortgage — Reduction of interest — Company — Debentures — Issues in England and in Victoria — Floating charges over property in Victoria and elsewhere — Fixed charge on real property in Tasmania — Interest payable in Melbourne or in London — Application of Acts — Power of company to pay full interest notwithstanding Acts — Currency in which payable — Exchange — Financial Emergency Act 1931 (No. 3961), sec. 14 (1), 19, 22 (1).

R. v. ADAMSVLR 222

Mann J., MacFarlan J., Wasley A.J.·11 Apr 1932·Supreme Court of Victoria

Criminal lawCombined action to common criminal intent — Averment of specific intent — Intent to do grievous bodily harm — Crimes Act 1928 (No. 3664), secs. 14, 454.

R. v. PACKERVLR 225

CUSSEN A.C.J., Mann J., MacFarlan J.·6 May 1932·Supreme Court of Victoria

Criminal lawInfant — Capacity — Boy aged thirteen — Buggery.

IN RE L. SLUTZKIN PTY. LTD.VLR 229

Cussen A.C.J., Mann J., MacFarlan J.·4 May 1932·Supreme Court of Victoria

CompanyMemorandum of association — Shares — Exemption from calls — Winding up — Companies Act 1928 (No. 3659), sec. 132 (1) (iv).

BRITTINGHAM v. WILLIAMSVLR 237

Cussen A.C.J.·31 Mar 1932·Supreme Court of Victoria

PracticeCounty Court — Judgment — Statement of reasons for — Duty of Judge.

IN RE BRIGHTON MOTORS PTY. LTD.VLR 241

CUSSEN A.C.J.·25 Feb 1932·Supreme Court of Victoria

CompanyVoluntary winding up — Liquidator's remuneration — Rate fixed at time of appointment — Increase by Court on completion of liquidation.

JOHN F. GOULDING PTY. LTD. v. THE VICTORIAN RAILWAYS COMMISSIONERSVLR 243

CUSSEN A.C.J., Mann J., Lowe J.·7 Apr 1932·Supreme Court of Victoria

CarrierVictorian Railways Commissioners — Carriage of goods — Conversion by wrong delivery — Subsequent demand for delivery — Obligation to deliver on demand — Limitation of action — Railways Act 1928 (No. 3759), secs. 6, 200.

BUCKLEY v. THE MYER EMPORIUM LTD.VLR 268

Cussen A.C.J., Mann J., Lowe J.·10 Mar 1932·Supreme Court of Victoria

Financial Emergency ActsMortgage — Debentures secured by separate mortgage of land to trustee — Modification or exclusion of statutory reduction of interest — Financial Emergency Act 1931 (No. 3961), secs. 14 (1), 19 (3).

MODERN ROAD CONSTRUCTION CO. PTY. LTD. v. THE MELBOURNE HARBOR TRUST COMMISSIONERSVLR 275

Cussen A.C.J., Lowe J., Wasley A.J.·14 Apr 1932·Supreme Court of Victoria

ArbitrationContract — Arbitration clause — Reference to party's engineer — Breach of contract — Repudiation — Action — Stay of proceedings — Dispute involving examination of engineer — Arbitration Act 1928 (No. 3637), sec. 5.

MacPHERSON v. MULVEYVLR 293

CUSSEN A.C.J.·16 May 1932·Supreme Court of Victoria

LicensingDisposal of liquor during prohibited hours — Bon fide traveller — Ship's fireman — Residence — Sale of liquor for consumption with meal on licensed premises — Licensing Act 1928 (No. 3717), secs. 43 (2), 179.

GEAKE v. FRILAYVLR 298

MANN J.·15 May 1932·Supreme Court of Victoria

JusticesWarrant of distress — Hours during which warrant may be executed — Justices Act 1928 (No. 3708), sec. 112.

IN RE FEDERAL BUILDING ASSURANCE CO. LTD.VLR 301

CUSSEN A.C.J.·16 May 1932·Supreme Court of Victoria

CompanyLife assurance company — Foreign company — Winding up — Assets in Victoria — "Liabilities in Victoria" — Companies Act 1928 (No. 3659), sec. 448.

THE CHILDREN’S HOSPITAL v. GRICEVLR 306

CUSSEN A.C.J.·19 Apr 1932·Supreme Court of Victoria

CharityTrust for unincorporated institution — Incorporation under Hospitals and Charities Acts — Transfer of trust property to corporation — Hospitals and Charities Act 1922 (No. 3260), sec. 51 — [Hospitals and Charities Act 1928 (No. 3699), sec. 51].

IN RE JENKINVLR 314

CUSSEN A.C.J.·26 Apr 1932·Supreme Court of Victoria

Settled landSale by tenant for life — Conveyance — Tenant for life at time for conveyance constituted by numerous and unascertained persons — Order appointing person to convey — Settled Land Act 1928 (No. 3771), secs. 90 (3), 92 (2), 113 (6); Trustee Act 1928 (No. 3792), secs. 44 (g), 50, 57.

THE HERALD AND WEEKLY TIMES LTD. v. FEDERAL COMMISSIONER OF TAXATIONVLR 317

MANN J.·19 May 1932·Supreme Court of Victoria

Income tax (Commonwealth)Assessment — Deductions — Newspaper company — Damages and legal costs in respect of libel — Income Tax Assessment Act 1922-1928 (No. 37 of 1922 — No. 46 of 1928), secs. 23 (1) (a), 25 (e).

MYER v. MYERVLR 322

CUSSEN A.C.J.·28 Apr 1932·Supreme Court of Victoria

DivorceCosts — Wife's costs — Form of order — Taxation — Marriage Act 1928 (No. 3726), sec. 114 (4) — Rules of the Supreme Court 1916, Order LXV., r. 27 (29).

AUSTIN v. FEDERAL COMMISSIONER OF TAXATIONVLR 335

LOWE J.·2 May 1932·Supreme Court of Victoria

Income Tax (Commonwealth)Assessment — Rate of tax — "Average years" — "Permanent" reduction of income — Income Tax Assessment Act 1922-1929 (No. 37 of 1922 — No. 11 of 1929), sec. 13 (9).

GOLDBERG v. KOLTVLR 342

MANN J.·17 June 1932·Supreme Court of Victoria

Landlord and tenantSummary proceedings to recover possession — "Landlord" — Person entitled to immediate equitable reversion — Notice of intention to apply to justices — Date of determination of tenancy incorrectly stated — Amendment — Notice to quit — Complainants not described as owners — Landlord and Tenant Act 1928 (No. 3710), secs. 66, 69.

ELECTROLYTIC ZINC CO. OF AUSTRALASIA LTD. v. KNIGHTVLR 346

Cussen A.C.J.·17 June 1932·Supreme Court of Victoria

Financial Emergency ActsMortgage — Reduction of interest — Company — Debentures — Registers in Melbourne and in London — Interest payable at place of registry — Transfer to other register after coming into operation of Act — Financial Emergency Act 1931 (No. 3961), secs. 14 (1), 19.

LINKE v. SCHRAMMVLR 352

MANN J.·17 June 1932·Supreme Court of Victoria

PracticeExecution — Attachment — Judgment for recovery of chattels — Rules of the Supreme Court 1916, Order XLI., r. 5; Order XLII., r. 6.

IN RE BELFRAGEVLR 357

Cussen A.C.J., Mann J., MacFarlan J.·20 June 1932·Supreme Court of Victoria

Administration and probateWill — Execution — Signature at end of dispositive provisions and above appointment of executors — Wills Act 1928 (No. 3803), secs. 7, 8.

DENNIS v. MARTINVLR 361

Cussen A.C.J., MacFarlan J., Lowe J.·29 June 1932·Supreme Court of Victoria

MortgageTransfer of land subject to mortgage — Agreement between transferee and mortgagee extending due date — Liability of mortgagor — Transfer of Land Act 1928 (No. 3791), sec. 127.

DAWSON v. MERCANTILE MUTUAL INSURANCE CO. LTD.VLR 380

Cussen A.C.J., Mann J., MacFarlan J.·20 June 1932·Supreme Court of Victoria

InsuranceMotor car — Proposal — Policy — Interpretation — Statement of purpose for which vehicle used — User for other purpose.

MILLER v. KAVANAGHVLR 391

LOWE J.·10 June 1932·Supreme Court of Victoria

Vendor and purchaserContract of sale — Land subject to mortgage — default by vendor in payment of mortgage moneys — Rights of purchaser.

CITY OF CAMBERWELL v. WOOLFVLR 399

Cussen A.C.J. Mann J., Lowe J.·30 June 1932·Supreme Court of Victoria

Local GovernmentMaking streets at cost of frontagers — Adoption of specification, plans, etc. — Necessity for unequivocal adoption — Local Government Act 1915 (No. 2686), secs. 531, 532 — [Local Government Act 1928 (No. 3720), secs. 579, 580.]

JOHN F. GOULDING PTY. LTD v. THE VICTORIAN RAILWAYS COMMISSIONERSVLR 408

[Coram STARKE, DIXON AND McTIERNAN JJ.]·15 Aug 1932·In the High Court of Australia

DetinueBailment — Carriage of goods — Wrong delivery — Subsequent demand for delivery — Limitation of action — Railways Act 1928 (No. 3759), sec. 200.

GOLDIE v. JUNCTION NORTH BROKEN HILL MINE NO LIABILITYVLR 409

CUSSEN A.C.J.·30 June 1932·Supreme Court of Victoria

Charging orderShares — Sale of shares by judgment debtor prior to charging order nisi — Deposit paid — Transfer of shares not executed — Certificates not handed over — Chargeable interest — Supreme Court Act 1928 (No. 3783), sec. 186.

O’NEILL v. CITY OF WILLIAMSTOWNVLR 412

MANN J.·22 Aug 1932·Supreme Court of Victoria

Unemployment reliefPerson employed on works for the relief of unemployment — Rate of payment — Unemployment Relief Amendment Act 1931 (No. 4000), sec. 16.

KING v. PENNELLVLR 418

Cussen A.C.J.·2 Aug 1932·Supreme Court of Victoria

Local GovernmentRivers, creeks and water-courses — Pollution — Discharge into river — Discharge into street drain emptying into river — Melbourne and Metropolitan Board of Works Act 1928 (No. 3731), sec. 254 (1).

MELDRUM v. AUSTRALIAN BROADCASTING CO. LTD.VLR 425

Cussen A.C.J. Mann J. McArthur J. Lowe J.·1 Sept 1932·Supreme Court of Victoria

DefamationDistinction between libel and slander — Publication — Reading aloud a defamatory writing — Reading broadcast by wireless.

WILLIAMSON v. CITY OF MELBOURNEVLR 444

Mann J.·1 Sept 1932·Supreme Court of Victoria

Local governmentBy-law — Validity — By-law against permitting premises to be used for purposes of habitual prostitution — City of Melbourne — Act 6 Vict., No. 7, sec. 91.

R. v. LANGLANDSVLR 450

Mann J.·5 Aug 1932·Supreme Court of Victoria

Criminal lawRobbery — Theft of property "in the presence of" the victim.

IN RE W.H. EUTROPE & SONS PTY. LTD.VLR 453

MANN J.·20 July 1932·Supreme Court of Victoria

CompanyWinding up — Proof of debt — Sums due to a member in his character of member by way of dividends, profits or otherwise — Directors' remuneration — Proprietary company — Only two members, each a director — Profits distributed as directors' remuneration — Remuneration apportioned in general meeting — Articles requiring apportionment by directors — Companies Act 1928 (No. 3659), sec. 132 (1) (vii.).

Limitation of actionsAcknowledgment.

ADDLEM v. WESTONVLR 461

MANN J.·22 Aug 1932·Supreme Court of Victoria

JusticesImprisonment of fraudulent debtors — Fraud summonses by several judgment creditors — Summonses heard together — Objection by defendant — Imprisonment of Fraudulent Debtors Act (No. 3700), sec. 22.

IN RE JOSEPH WOOLFVLR 465

CUSSEN A.C.J.·13 Sept 1932·Supreme Court of Victoria

Solicitor and clientRetainer — Taxation of costs — Costs against unsuccessful party — Review of taxation — Necessity for instructions to review — Ratification — Jurisdiction of taxing officer.

IN RE ALLINGHAMVLR 469

LOWE J.·15 Sept 1932·Supreme Court of Victoria

Joint tenancyAccruer — Severance — Sale of land — Deposit paid into bank account of one joint tenant — Balance paid to his executors.

IN RE THE PRODUCERS REAL ESTATE & FINANCE CO. LTD.VLR 474

LOWE J.·7 Sept 1932·Supreme Court of Victoria

CompanyAllotment of shares — Allotment subsequent to first allotment of shares offered to the public — Amount payable on application — Payment otherwise than in cash — Companies Act 1928 (No. 3659), sec. 93.

EDWIN DAVEY AND SONS v. JAMES MINIFIE AND COMPANYVLR 477

CUSSEN A.C.J.·21 Sept 1932·Supreme Court of Victoria

Trade markInfringement — Marking goods for export — Trade Marks Act 1905-1922 (No. 20 of 1905 — No. 25 of 1922), secs. 50, 53.

IN RE HEPBURN MINERAL SPRINGS HOTEL LTD.VLR 483

LOWE J.·15 Sept 1932·Supreme Court of Victoria

CompanyReduction of capital — Confirmation by Court — Dispensing with settlement of list of creditors — Companies Act 1928 (No. 3659), sec. 56.

NATIONAL BANK OF AUSTRALASIA LTD v. NORRISVLR 485

LOWE J.·20 Sept 1932·Supreme Court of Victoria

Attachment of debtsJudgment against customer of bank — Banking company in liquidation — Declaration of dividend by liquidator — Companies Act 1928 (No. 3659), secs. 144, 210 — Justices Act 1928 (No. 3708), sec. 126.

SMITH v. MORROWVLR 491

CUSSEN A.C.J.·1 Aug 1932·Supreme Court of Victoria

Res judicataOrder dismissing action for failure to give particulars — Fresh action.

IN RE ARBITRATION BETWEEN UNITED INSURANCE CO. LTD.VLR 494

LOWE J.·15 Sept 1932·Supreme Court of Victoria

ContractInsurance — Accident policy — Exception of injuries sustained by insured "by or while" acting in manner specified — "Unlawful act."

R. v. COMMISSIONER OF TAXESVLR 501

LOWE J.·26 Sept 1932·Supreme Court of Victoria

Land Tax (State)Objection to assessment — Delay in considering objection — Further information sought by Commissioner — Mandamus — Land Tax Act 1928 (No. 3713), sec. 21.

IN RE PULVERIZED COAL (AUSTRALASIA) LTD.VLR 506

LOWE J.·19 Sept 1932·Supreme Court of Victoria

Landlord and tenant"Lease" — Deed providing for demise of land with machinery and for services of engineer — Statutory reduction of rent — Reasons for modifying operation of Act — Evidence — Landlord and Tenant (Rent Reduction) Act 1931 (No. 3990), sec. 6.

MODERN ROAD CONSTRUCTION CO. PTY. LTD. v. THE MELBOURNE HARBOR TRUST COMMISSIONERSVLR 511

LOWE J.·25 Oct 1932·Supreme Court of Victoria

PracticeTime — Trial by jury — Cause requiring "scientific or local investigation" — Application by defendant for trial without jury — Application not made within ten days after appearance — Rules of Supreme Court 1916, Ords. II., r. 1; XXXVI., r. 5.

IN RE McCANNVLR 515

MANN J.·14 Oct 1932·Supreme Court of Victoria

Administration and probateProbate — Sealing of foreign probate — Grant by Court in United Kingdom — Northern Ireland — Administration and Probate Act 1928 (No. 3632), sec. 81.

BURROWS v. LEYDENVLR 517

MANN J.·12 Oct 1932·Supreme Court of Victoria

Police offencesBetting houses and places — Use of premises for betting — Charge of using on a specified date — No evidence that wagers made on that date — Evidence of user — Police Offences Act 1928 (No. 3749), sec. 98.