BOLAND v. DOBBIEVLR 1
Imprisonment of fraudulent debtors — Liability contracted by means of fraud — Liability for damages for fraudulent misrepresentation — Imprisonment of Fraudulent Debtors Act 1928 (No. 3700), sec. 22.
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Cases reported in this volume of the Victorian Reports
Imprisonment of fraudulent debtors — Liability contracted by means of fraud — Liability for damages for fraudulent misrepresentation — Imprisonment of Fraudulent Debtors Act 1928 (No. 3700), sec. 22.
Patent — Extension of term — Foreign patent — Loss or damage by reason of hostilities — Loss by "patentee as such" — Delay in application — Retrospective date — Patents Act 1903-1930, sec. 84 (6).
Assignment — Legal assignment of chose in action — Disputed assignment — Payment into Court by debtor — Application for payment out — Practice — Costs — Property Law Act 1928 (No. 3754), sec. 134.
Workers' compensation — Death from injury — Computation of "average weekly earnings" — Seven weeks' employment — Industry operating six months per year — Workers' Compensation Act 1928 (No. 3806), sec. 5; Second Sched., cls. (1) (a) (i.), (2) (a).
Conflict of laws — Principal contract made in Victoria — Payment to be in Victoria — Security over land in New South Wales — Guarantee by residents in Victoria — Proper law.
Husband and Wife — Deed of separation — Covenant by husband to pay weekly sums for maintenance of wife and child — Marriage subsequently dissolved — Liability on covenant.
Criminal law — Felony — Homicide — Principal in the second degree — Prisoner standing by while wife and children drown.
Licensing — Construction of statutes — Grant of victualler's licence in pro-claimed area — Area within closer settlement estate — Closer Settlement Act 1928 (No. 3656), sec. 172 — Licensing Act 1928 (No. 3717), sec. 36.
Police offences — Street betting — "Street" — Open and uncovered tiled area between hotel and public footpath — Police Offences Act 1928 (No. 3749), secs. 104, 106 (1).
Financial Emergency Acts — Mortgage — Reduction of interest — Company — Debentures — Registers in Melbourne and in London — Interest payable at place of registration — Financial Emergency Act 1931 (No. 3961), secs. 14 (1), 19, 22 (1).
Divorce — Petition by husband — Adultery — Conduct conducing — Decree nisi on petitioner's undertaking to make weekly payments to wife — Breach of undertaking — Committal.
Landlord and Tenant — Recovery of possession — Justices — Jurisdiction — Permissive occupancy — Relationship of landlord and tenant — Landlord and Tenant Act 1928 (No. 3710), Part V.
Barrister and solicitor — Solicitor — Striking off roll — Misconduct — Nonpayment of gambling debts — Law Institute Act 1928 (No. 3714), sec. 3 (1).
Practice — Service out of the jurisdiction — Action against London agent — Damages for failure to supply correct information — Writ served in England — Judgment in default of defence — Jurisdiction — Remoteness of damage — Supreme Court Act 1928 (No. 3783), Fifth Schedule, r. (1) (e) — Rules of the Supreme Court 1916, Ord. XXVII., r. 11.
Guarantee — Continuing guarantee — Guarantee of account for goods supplied — Terminable on notice by guarantor — Not to be determined by death of guarantor — Death of guarantor — Goods supplied with knowledge of death — No notice by executors terminating guarantee — Liability of executors.
Public service — Superannuation — Resignation of contributor entitled to retire on pension — Refund of contributions — Superannuation Act 1928 (No. 3782), secs. 27, 40.
Practice — Procedure — Summons for final judgment — Application by defendant for jury — Leave to defend on condition of trial without jury — Rules of the Supreme Court 1916, Order XIV., rr. 1, 6; Order XXXVI., r. 6.
Attachment of debts — Moneys deposited in State Savings Bank — Crown debt — Necessity for demand — Production of passbook and withdrawal form.
Mortgage — Instrument of mortgage — Right to pay off principal before due date — Right to call up principal on default of payment of interest — Transfer of mortgaged land — Agreement by mortgagee with transferee not to call up principal before certain date — Effect on liabilities of mortgagor and guarantor.
Local Government — Municipal council — Contract for work to amount of 100l. or upwards — Insufficient notification of purpose of contract — Offence — Right to lay information — Local Government Act 1928 (No. 3720), secs. 502, 844, 848.
Income Tax (Commonwealth) — Assessment — Rate of Tax — Permanent reduction of income — "Average years" — Income Tax Assessment Act 1922-1929, sec. 13 (9).
Local Government — Making streets at cost of frontagers — Adoption of scheme — Necessity for unconditional adoption — Local Government Act 1915 (No. 2686), secs. 531, 532 — Local Government Act 1928 (No. 3720), secs. 579, 580.
Gold buyer — Buying wrought gold — "Buy" — Unlicensed buyer — Gold Buyers Act 1928 (No. 3693), secs. 3, 39 (2).
Landlord and tenant — Statutory reduction of rent — New lease — "Previous reduction of rent" — Landlord and Tenant (Rent Reduction) Act 1931. (No. 3990), sec. 6 (1).
Patent — Infringement — Mechanical equivalent — Colourable imitation.
Trademark — Infringement — Rectification of register — Invented word — Name of patented article — Name become descriptive of character of goods — Registration more than seven years old — Trade Marks Act 1905-1922, secs. 51A, 53A, 71.
Divorce — Adultery — Cross charge against petitioner — Intervention — Right of intervener to address jury — Order of addresses — Marriage Act 1928 (No. 3726), sec. 118 (2).
Solicitor and client — Bill of costs — Taxation — Oral agreement fixing remuneration — Jurisdiction of Taxing Master — Certiorari, prohibition — Supreme Court Act 1928 (No. 3783), sec. 104.
Local Government — Weighbridge — Licence — Obstruction in highway — Power of municipality — Local Government Act 1928 (No. 3720), sec. 724.
Factories and shops — Wages Board determination — Failure to pay weekly rate of wages — Offence — Information within two months — Factories and Shops Act 1928 (No. 3677), secs. 229 (a), 233 (1) (a).
Probate and administration — Executors' commission — Time for application — Administration and Probate Act 1928 (No. 3632), sec. 59.
Estoppel — Res judicata — Complaint — Complainant not appearing — Dismissal — Fresh complaint — Justices Act 1928 (No. 3708), sec. 88 (17).
Local Government — Drainage of streets — Construction of drain — Damage to plaintiff's land — Liability of municipality — Local Government Act 1928 (No. 3720), Part XXI., Div. 3.
Criminal law — Obtaining credit by fraud — Proof of intention — Crimes Act 1928 (No. 3664), sec. 181 (2).
Administration and Probate — Will — Construction — Application of assets — Payment of legacies — Administration and Probate Act 1928 (No. 3632), Second Schedule, Part II., cl. 2.
Local Government — By-law — Validity — Ultra vires — Unreasonableness — Driving of cattle through city streets — Local Government Act 1928 (No. 3720), sec. 197 (1) (xix.) (xxiv.), 13th Schedule, Part I., cl. 44.
Divorce — Adultery — Trial by jury — Appeal — Powers of Full Court — Costs — Marriage Act 1928 (No. 3726), sec. 79 (3).
Unemployed occupiers' relief — Protection certificate — Concurrent applications — Unemployed Occupiers and Farmers Relief Act 1931 (No. 3962), sec. 21 — Farmers Relief Act 1932 (No. 4060), secs. 3, 7.
Lease — Licence — Right of exclusive occupation — Powers of statutory corporation — Ultra vires — Suit by Attorney-General — Laches — Estoppel — Injunction — Geelong Harbor Trust Act 1928 (No. 3691), sec. 36.
Costs — Taxation — Scale — Action in Supreme Court — Less than 50l. recovered — Judgment for costs including pleadings and discovery — Order LXV., rule 12; rule 27 (39) (40).
Trust — Trustee — Tenant for life and remaindermen — Wasting property — Short leasehold — Sinking fund — Trust for conversion — Power of postponement — Advancement of remaindermen — Property Law Act 1928 (No. 3754), sec. 35 (2).
Administration and probate — Insolvent estate — Administration in bankruptcy — Policies of life assurance or endowment — Accident policy — Protection from creditors — Bankruptcy Act 1924-1932, sec. 91 (b) — Companies Act 1928 (No. 3659), sec. 476 (4).
Covenant to provide by will — Annuity — Provision by will — Right of covenantee — Contingent future liabilities — Insufficiency of assets — Debt.
Company — Winding up — Accountant's lien over company's books — Liquidator's rights and duties — Companies Act 1928 (No. 3659), sec. 176.
Transfer of land — Lease subject to mortgage — Consent of mortgagee — Registration of lease — Mortgagee's right to rents — Transfer of Land Act 1928 (No. 3791), sec. 131.
Bill of Sale — Contract of hiring — Registration — Goods seized under distress warrant — Private sale — Possession retained by judgment debtor under hire purchase agreement — Instruments Act 1928 (No. 3706), secs. 28, 51.
Negligence — Evidence — Private motor car — Liability of owner for acts of driver — Proof of ownership — Prim facie evidence of agency.
Vendor and purchaser — Contract of sale — Breach — Rescission — Rights of parties.
Landlord and tenant — Statutory reduction of rent — Limitation of reduction — "The leased property" — Building lease — Improvements by lessee — Landlord and Tenant (Rent Reduction) Act 1931 (No. 3990), sec. 8.
Spirits — Methylated spirits — Articles of food or drink — Ingredients — Defendant's knowledge — Corporation — Spirits Act 1906-1932 (No. 21 of 1906 — No. 12 of 1932), sec. 16.
Superannuation — Power to establish fund — Death of contributor — Provision for relatives — Ultra vires — Fire Brigades Act 1915 (No. 2653), sec. 39(5) — [Fire Brigades Act 1928 (No. 3682), sec. 39 (5)].
Administration and probate — Will — Execution — First page alone executed — Incorporation of other pages — Wills Act 1928 (No. 3803), sec. 7.
Motor car — Registration — "Trailer" — Vehicle designed for carriage of goods — Course of trade — Motor Car Act 1928 (No. 3741) sec. 3.
Divorce — Frequent convictions for crime — Within five years — Marriage Act 1928 (No. 3726), sec. 75 (c).
Criminal law — Attempt to commit a crime — Change of mind.
Divorce — Practice — Discontinuance of suit without leave — Leave to file answer and counter-petition.
County Court — Judgment — Judgment signed in Supreme Court — Setting aside Supreme Court judgment — County Court Rules 1930, Order XXIX., r. 6.
Bills of exchange — Promissory note — Alteration — Place of payment added — Bills of Exchange Act 1909-1932, secs. 69, 93.
Transfer of land — Lease subject to mortgage — Consent of mortgagee — Lease not registered — Mortgagee's right to rents — Transfer of Land Act 1928 (No. 3791), sec. 131.
Will — Construction — Absolute gift followed by postponement — Vesting — Remoteness — Power to trustees to appoint interest — Property Law Act 1928 (No. 3754), sec. 163.
Vendor and purchaser — Sale of land in lots — Building scheme — Restrictive covenant — Rights of purchasers inter se — "One dwelling" — Residential flats — Injunction.
Company — Powers — Ultra vires — Objects — To invest upon securities — Purchase of contributing shares in another company.
Contract — Breach — Damages — Nominal damages — Damages for future loss.
Partnership — Mining syndicate — Expulsion of member.
Contempt of court — Practice — Action — Contempt by defendants — Publication pending action — Committal.
Police offences — Vagrancy — Consorting — Evidence as to character — Police Offences Act 1928 (No. 3749), sec. 74; Police Offences (Consorting) Act 1931 (No. 3974), secs. 1, 2.
Company — Winding up — Surplus of assets — Shareholder indebted to company — Article giving company lien on shares — Shares charged to bank — Priority of claims — Companies Act 1928 (No. 3659), secs. 34 (3), 186 (1), 273.
Vendor and purchaser — Title — Land described by reference to certificate of title — Registered encumbrance — Covenant to erect not more than one building — Purchase without knowledge.
Evidence — Admissibility — Sufficiency — Identification of offender.
County Court — Action of contract in Supreme Court — Remission to County Court — Whole cause of action arising outside Victoria — Defendant resident outside Victoria — County Court Act 1928 (No. 3663), sec. 57.
Local Government — Traffic on roads — Stoppage by council — Posting of notices — Local Government Act 1928 (No. 3720), sec. 539 (2) (b).
Farmers' relief — Protection certificate — Jurisdiction to grant — Rescission of contract — Outstanding rights — Unemployed Occupiers and Farmers' Relief Act 1931 (No. 3962), sec. 21 — Farmers' Relief Act 1932 (No. 4060), sec. 2.
Factories and shops — Breach of award — Arrears of pay — Information for an offence — Order for payment of arrears — Factories and Shops Act 1928 (No. 3677), sec. 237.
Administration and probate — Widows and young children — Maintenance — Orders made — Jurisdiction to make further order — Administration and Probate Act 1928 (No. 3632), sec. 145.
Contract — Sale of goods — Misrepresentation — Rescission — Goods Act 1928 (No. 3694), sec. 4 (2).
Will — Trust for named children — Tenancy in common.