IN RE JARVIS AND BURGESS’S CONTRACTVLR 1
Financial Emergency Act 1931 (No. 3961), sec. 28 — Financial Emergency (Amendment) Act 1931 (No. 3970), sec. 5 — Conditions precedent to issue of summons — "Covenants" — Agreement not under seal.
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Cases reported in this volume of the Victorian Reports
Financial Emergency Act 1931 (No. 3961), sec. 28 — Financial Emergency (Amendment) Act 1931 (No. 3970), sec. 5 — Conditions precedent to issue of summons — "Covenants" — Agreement not under seal.
Guarantee — Current 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.
Company — Objects — Guarantee — Ultra vires — Due execution of instrument — Director disqualified by interest — Presumption of regularity — Sufficiency of execution by one director in dual capacity.
Divorce — Order 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.
Company — Articles of association — Validity — Unclaimed moneys — Forfeiture — Companies Act 1928 (No. 3659), secs. 22, 222, Part V.
Instruments — Bill 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.
Veterinary Surgeon — "Pretending" to be a veterinary surgeon — Treatment of animal by unregistered person — Veterinary Surgeons Act 1928 (No. 3800), sec. 23.
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.
Vendor and purchaser — Sale 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.
Local Government — Subdivision 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.
Financial Emergency Acts — Mortgage — 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).
Pounds — Impounding — 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.).
Income Tax — Income — 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.
Costs — Special 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).
Mortgage — Transfer 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.
Company — Winding up of insolvent company — Priority of debts — Companies Act 1928 (No. 3659), sec. 207.
Local Government — Making 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].
Landlord and tenant — Lease — 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.
Easement — Right of way — Prescriptive right — Right to effect repairs to way.
Contract — Private international law — Debt due in England by Victorian debtor — Payment in English currency — Rate of exchange.
Company — Allotment of shares — Minimum subscription not reached — No statutory meeting — Winding up — Avoidance of allotments — Companies Act 1928 (No. 3659), secs. 93, 94 (1).
Landlord and tenant — Statutory reduction of rent — "Fair equivalent" to lessor — Land tax payable by lessor — Landlord and Tenant (Rent Reduction) Act 1931 (No. 3990), secs. 6, 8.
Dentist — Unregistered 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.
Police Offences — Betting — 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.
Landlord and tenant — Recovery 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.
Real property — Fixtures — 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.
Practice — Action 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.
Practice — Crown 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.
Landlord and tenant — Rent 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).
Police offences — Criminal law — Justices — Jurisdiction — Possession of property suspected of having been stolen — Larceny — Police Offences Act 1928 (No. 3749), sec. 40.
Financial Emergency Acts — Territorial 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).
Criminal law — Combined action to common criminal intent — Averment of specific intent — Intent to do grievous bodily harm — Crimes Act 1928 (No. 3664), secs. 14, 454.
Criminal law — Infant — Capacity — Boy aged thirteen — Buggery.
Company — Memorandum of association — Shares — Exemption from calls — Winding up — Companies Act 1928 (No. 3659), sec. 132 (1) (iv).
Practice — County Court — Judgment — Statement of reasons for — Duty of Judge.
Company — Voluntary winding up — Liquidator's remuneration — Rate fixed at time of appointment — Increase by Court on completion of liquidation.
Carrier — Victorian 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.
Financial Emergency Acts — Mortgage — 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).
Arbitration — Contract — 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.
Licensing — Disposal 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.
Justices — Warrant of distress — Hours during which warrant may be executed — Justices Act 1928 (No. 3708), sec. 112.
Company — Life assurance company — Foreign company — Winding up — Assets in Victoria — "Liabilities in Victoria" — Companies Act 1928 (No. 3659), sec. 448.
Charity — Trust 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].
Settled land — Sale 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.
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).
Divorce — Costs — 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).
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).
Landlord and tenant — Summary 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.
Financial Emergency Acts — Mortgage — 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.
Practice — Execution — Attachment — Judgment for recovery of chattels — Rules of the Supreme Court 1916, Order XLI., r. 5; Order XLII., r. 6.
Administration and probate — Will — Execution — Signature at end of dispositive provisions and above appointment of executors — Wills Act 1928 (No. 3803), secs. 7, 8.
Mortgage — Transfer 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.
Insurance — Motor car — Proposal — Policy — Interpretation — Statement of purpose for which vehicle used — User for other purpose.
Vendor and purchaser — Contract of sale — Land subject to mortgage — default by vendor in payment of mortgage moneys — Rights of purchaser.
Local Government — Making 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.]
Detinue — Bailment — Carriage of goods — Wrong delivery — Subsequent demand for delivery — Limitation of action — Railways Act 1928 (No. 3759), sec. 200.
Charging order — Shares — 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.
Unemployment relief — Person employed on works for the relief of unemployment — Rate of payment — Unemployment Relief Amendment Act 1931 (No. 4000), sec. 16.
Local Government — Rivers, 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).
Defamation — Distinction between libel and slander — Publication — Reading aloud a defamatory writing — Reading broadcast by wireless.
Local government — By-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.
Criminal law — Robbery — Theft of property "in the presence of" the victim.
Company — Winding 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 actions — Acknowledgment.
Justices — Imprisonment of fraudulent debtors — Fraud summonses by several judgment creditors — Summonses heard together — Objection by defendant — Imprisonment of Fraudulent Debtors Act (No. 3700), sec. 22.
Solicitor and client — Retainer — Taxation of costs — Costs against unsuccessful party — Review of taxation — Necessity for instructions to review — Ratification — Jurisdiction of taxing officer.
Joint tenancy — Accruer — Severance — Sale of land — Deposit paid into bank account of one joint tenant — Balance paid to his executors.
Company — Allotment 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.
Trade mark — Infringement — Marking goods for export — Trade Marks Act 1905-1922 (No. 20 of 1905 — No. 25 of 1922), secs. 50, 53.
Company — Reduction of capital — Confirmation by Court — Dispensing with settlement of list of creditors — Companies Act 1928 (No. 3659), sec. 56.
Attachment of debts — Judgment 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.
Res judicata — Order dismissing action for failure to give particulars — Fresh action.
Contract — Insurance — Accident policy — Exception of injuries sustained by insured "by or while" acting in manner specified — "Unlawful act."
Land Tax (State) — Objection to assessment — Delay in considering objection — Further information sought by Commissioner — Mandamus — Land Tax Act 1928 (No. 3713), sec. 21.
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.
Practice — Time — 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.
Administration and probate — Probate — Sealing of foreign probate — Grant by Court in United Kingdom — Northern Ireland — Administration and Probate Act 1928 (No. 3632), sec. 81.
Police offences — Betting 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.