ARBUTHNOT SAWMILLS PTY. LTD. v. THOMASVLR 1
Arbitration — Submission — Stay of proceedings — Court of Petty Sessions — Arbitration Act 1928 (No. 3637), sec. 5.
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Cases reported in this volume of the Victorian Reports
Arbitration — Submission — Stay of proceedings — Court of Petty Sessions — Arbitration Act 1928 (No. 3637), sec. 5.
Local Government — Powers of municipality — Quarrying — Sale of roadmaking material — Local Government Act 1928 (No. 3720), sec. 391 (14).
Defamation — Qualified privilege — Public departmental officer — Answer to inquiry by member of Parliament.
Financial Emergency Acts — Mortgage — Foreclosure — Restriction of mortgagee's right — Interest paid to a date within twelve months — Mortgagee in possession — Receipt of rents — Right of mortgagor to an account — Financial Emergency Act 1931 (No. 3961), sec. 28 — Financial Emergency Act 1932 (No. 4106), sec. 5.
Limitation of actions — Mortgage debt — Creditor appointed executor — Time continuing to run — Retainer — Property Law Act 1928 (No. 3754), sec. 304.
Police offences — Possession of property suspected of having been stolen — Actual possession — Goods found in shed used by defendant and other persons — Admissions by defendant — Police Offences Act 1928 (No. 3749), sec. 40.
Workers' Compensation — Arbitration — Award of lump sum — Jurisdiction — Workers' Compensation Act 1928 (No. 3806), sec. 7; Second Schedule, cl. (16).
Licensing — "Bar-room" — Liquor "directly served" — Sale in bottle department — Female employee — Licensing Act 1928 (No. 3717), secs. 3, 207.
Landlord and Tenant — Recovery of possession — Notice of intention to apply to justices — Form of notice — Amendment — Warrant of ejectment expired unexecuted — Issue of fresh warrant — Landlord and Tenant Act 1928 (No. 3710), secs. 69, 72; 7th Sched. — Justices Act 1928 (No. 3708), secs. 4, 96.
Administration and Probate — Administration of assets — Life assurance policy — Policy moneys not assets for payment of debts — Equitable obligations — Companies Act 1928 (No. 3659), sec. 476 (3).
Health — Food — Adulteration — Sale — Unopened package — Liability of last vendor — Health Act 1928 (No. 3697), sec. 215; Health Act 1931 (No. 4010), sec. 12.
Transport Regulation — Commercial goods vehicle — Licence — Refusal by Board — Appeal — Existing transportation service — Railway — Interests of the public generally — Railways deficit — Transport Regulation Act 1933 (No. 4198), secs. 26, 37.
Company — Issue of shares at a premium — Capitalization of premiums — Declaration of capital bonus — Issue of new shares — Payment for shares by bonus — Validity — Companies Act 1928 (No. 3659), secs. 277 (1), 278 (2).
Public Service — Superannuation — Contributions by officer — Increase of salary — Option to contribute for additional pension — Appeal to County Court — Costs — Superannuation Act 1928 (No. 3782), sec. 13 (1), (4).
Administration and Probate — Executor — Person appointed incapable of understanding or carrying out duties — Citation to take out probate — Service — Administration and Probate Act 1928 (No. 3632), sec. 12 (1) (b).
Police Offences — Lottery — Sale of ticket — Raffle to be drawn at a bazaar — Prior written authority to purchase ticket — Police Offences Act 1928 (No. 3749), secs. 89 (f), 92 (l).
Hospitals and charities — Validity of by-law — Inconsistency with regulation — Effect of repeal of regulation — Hospitals and Charities Act 1928 (No. 3699), sec. 84 (3).
Police offences — Placard — Placing on "any wall fence lamp post or gate" — Post other than lamp-post — Police Offences Act 1928 (No. 3749), sec. 5 (10).
Licensing — Offence — Carrying away liquor from licensed premises during prohibited hours — Liquor not obtained on the licensed premises — Licensing Act 1928 (No. 3717), sec. 190 (1).
Licensing — Disposal of liquor — Order during trading hours — Delivery after hours — Licensing Act 1928 (No. 3717), sec. 177.
Bill of Exchange — Cheque — Drawer — Cheque drawn by company — Unqualified personal signature — Intention of signatory — Liability as drawer — Estoppel.
Defamation — Libel in newspaper — Intention to refer to person other than plaintiff — Coincidence of names.
Vendor and purchaser — Contract of sale — Payment by instalments — Default in payment — Rescission by vendor — Possession by purchaser prior to default — Portion of land transferred to sub-purchasers — Relief against forfeiture of moneys paid — Vendor's damages.
Divorce — Decree obtained by husband — Power to order monthly or weekly payments to wife — Marriage (Divorce) Act 1933 (No. 4210), sec. 5 (1).
Will — Legacies — Annuities — Deficiency of assets — Valuation of annuities — Legacies and commuted annuities paid — Fund reserved for deferred legacy — Income of fund — Persons entitled — Interest on legacies and commuted annuities.
Workers' compensation — Accident arising out of and in the course of employment — Contract of service made in New South Wales — Accident in Victoria — Jurisdiction of Victorian tribunal — Workers' Compensation Act 1928 (No. 3806), secs. 3, 5.
Licensing — Offence — Sunday trading — Bond fide traveller — Belief of servant of licensee — Exculpation of licensee — Costs of successful defendant to an information — Licensing Act 1928 (No. 3717), sec. 183 (1).
Licensing — Offence — Carrying away liquor during prohibited hours — Liquor bought during trading hours — Licensing Act 1928 (No. 3717), sec. 190 (1).
Divorce — Permanent alimony — Time for application — Marriage (Divorce) Act 1933 (No. 4210), sec. 5 (1).
Costs — Action tried with jury — Defamation — Nominal damages — Order depriving plaintiff of costs — "Good cause" — Rules of the Supreme Court, 1916, Order LXV., r. 1.
Practice — Right to jury — Cause within cognizance of Court in its equitable jurisdiction — Mortgage — Claim by mortgagor for damages for improper exercise of power of sale — Transfer of Land Act 1928 (No. 3791), sec. 148 — Rules of the Supreme Court 1916, Order XXXVI., r. 3.
Maintenance — Order for maintenance — Divorce subsequently obtained on petition of wife — Application by husband to discharge or vary order — Maintenance Act 1928 (No. 3722), sec. 15.
Contract — Illegality — Contract not ex facie illegal — Illegality not pleaded — Enforceability.
Transport regulation — Commercial passenger vehicle — Operating "for reward" while unlicensed — Agreement to pay fare — No evidence of payment — Offence — Transport Regulation Act 1933 (No. 4198); secs. 5, 45.
Divorce — Adultery — Proof — Equivocal circumstances.
Divorce — Alimony — Decree on ground of wife's insanity — Respondent detained in hospital outside Victoria — Power to order payments — Marriage (Divorce) Act 1933 (No. 4210), sec. 5 (1).
Criminal law — Perjury — Evidence of falsity of oath — Admission by accused.
Divorce — Practice — Petitioner beyond the State — Leave to give evidence on affidavit.
Transport Regulation — Commercial goods vehicle — Licence — Refusal by Board — Existing transportation service — Railway — Interests of the public generally — Railways deficit — Condition as to freight charges exacted from Railways Commissioners — Transport Regulation Act 1933 (No. 4198), sec. 26.
Health — Food — Adulteration — Sale — Margarine — Proof of adulteration — Sufficiency of analyst's certificate — Notification of intention to analyze — Condition precedent to liability — Notification "forthwith" — Unopened labelled package — Person deemed to have sold — Health Act 1928 (No. 3697), secs. 215, 235, 241, 249, 271 (f) — Health Act 1931 (No. 4010), sec. 12 — Health (Margarine) Act 1934 (No. 4277), sec. 2.
Company — Winding up — Surplus assets after repayment of preference capital — Arrears of cumulative preferential dividends — Application of surplus.
Financial Emergency Acts — Mortgage — Restriction of right of foreclosure — Mortgagee in possession — Receipt of rents — Payment of interest — Account — Financial Emergency Act 1931 (No. 3961), sec. 28 — Financial Emergency (Mortgages) Act 1932 (No. 4106), sec. 5.
Practice — General Sessions — Appeal from conviction by Court of Petty Sessions — Appellant absent, but represented — Justices Act 1928 (No. 3708), sec. 137.
Landlord and tenant — Statutory reduction of rent — Order modifying statutory reduction — Duration thereof — Variation of order — Landlord and Tenant (Rent Reduction) Act 1931 (No. 3990), sec. 6 (1), (2), (4) — Landlord and Tenant (Rent Reduction) Continuation Act 1934 (No. 4272), sec. 5.
Will — Construction — "Heir male" — Gift to A. for life, and at his decease to his heir male, or failing any son to his eldest daughter — Rule in Shelley's Case.
Will — Construction — Forfeiture of interest on alienation prior to "vesting in possession" — Settlement — Limitation to settlor determinable on alienation — Validity as against trustee under deed of arrangement — Commonwealth Bankruptcy Act 1924-1933, Part XII.
Electric Light and Power — Powers of undertaker — Municipal corporation — Expenses of electrical exhibition — Electric Light and Power Act 1928 (No. 3672), sec. 19.
Will — Construction — Trust to apply rents to maintenance of children of C until they respectively attain twenty-one — Direction to sell property and distribute proceeds among children when youngest attains twenty-one — C widowed and aged fifty-eight — Youngest living child twenty-one — Time for sale and distribution.
Divorce — Frequent convictions for crime — Four convictions on one day — Marriage Act 1928 (No. 3726), sec. 75 (c).
Charity — Rule against perpetuities — Trust of income to maintain orchestra — Remote applicability — Power reserved to "vary" trusts.
Stock mortgage — "Stock" — Swine — Instruments Act 1928 (No. 3706), sec. 66.
Transport Regulation — Commercial passenger vehicle — Passengers paying separate and distinct fares — Knowledge of owner — Offence — Transport Regulation Act 1933 (No. 4198), secs. 5, 45.
Divorce — Order for permanent alimony — Application for discharge — Allegation of unchastity — Marriage (Divorce) Act 1933 (No. 4210), sec. 5.
Will — Construction — "Effects in the house in which I now reside" — Motor car in detached garage.
Motor car — Registration fees — Car "used" for carrying passengers for hire — User on single occasion — Motor Car Act 1928 (No. 3741), sec. 4 (5) (b); Second Schedule, Proviso (b).
Transport Regulation — Commercial passenger vehicle — "Carrying passengers for reward at separate and distinct fares for each passenger" — Only one passenger carried — Offence — Transport Regulation Act 1933 (No. 4198), secs. 5, 45.
Company — Voluntary winding up — Memorandum — Construction — Preference shares — Fixed cumulative preferential dividend — Dividend not declared — Arrears of dividend — Repayment of capital — Priority.
Local Government — Rating — Rateable property — Plan of subdivision lodged with council — Land not subdivided in fact — Assessment of allotments — Appeal to justices — Finality — Order to review — Local Government Act 1928 (No. 3720), sec. 301 (5) — Justices Act 1928 (No. 3708), sec. 150.
Administration and Probate — Expenses of administering will — Share of residue to bear — State probate duty — Administration and Probate Act 1928 (No. 3632), secs. 162, 163.
Will — Construction — Settlement of three-fourths of daughters' shares — Life interest to daughter, remainder to other children — Daughter's share to be settled — "Issue" to take "by way of substitution" — "Issue" read as "children" — Breach of trust by parent as executor — Administration action — Declaration that parent and those claiming under him have no further interest — Bight of child to share.
Landlord and tenant — Weekly tenancy — Notice to quit — Date of expiration — Summary proceedings to recover possession — Notice of owner's intention to apply to justices — Company as tenant — Service — Landlord and Tenant Act 1928 (No. 3710), sec. 70.
County Court — Practice — Leave to proceed in form pauperis — Poor Persons Legal Assistance Act 1928 (No. 3751), sec. 10.
Divorce — Frequent convictions — "Sentenced in the aggregate to imprisonment for three years" — Concurrent sentences — Marriage Act 1928 (No. 3726), sec. 75 (c).
Pounds and Impounding — Pony grazing on highway — Rescuing cattle seized for the purpose of being impounded — Legality of seizure — "Impounded" — Local Government Act 1928 (No. 3720), sec. 544 — Pounds Act 1928 (No. 3752), sec. 30 (i.).
Justices — Information — Variance — Amendment — Order to reiew — Answering affidavit — Justices Act 1928 (No. 3708), sec. 196.
Local Government — By-law — Validity — Distribution of handbills — Local Government Act 1928 (No. 3720), sec. 197 (1) (xxxiii).
Stamps — Receipt given by servant — Liability of master to penalty — Stamps Act 1928 (No. 3775), sec. 55.
Justices — Courts of General Sessions — Criminal jurisdiction — Coinage offences — Justices Act 1928 (No. 3708), sec. 187, cl. (iv.).
Justices — Court of Petty Sessions — Police offences — Information — Informant wishing to withdraw information and declining to prosecute — Power to compel him to adduce evidence.
Stamps — Settlement or gift, deed of — Instrument whereby property is settled or given — Equitable interest — Assignment — Interest under will — Direction by beneficiary to executor to pay to third persons — Stamps Act 1928 (No. 3775), Third Schedule, Part IX.
Factories and Shops — Recovery of premium — Commission of offence — Absence of conviction — Factories and Shops Act 1934 (No. 4275), sec. 27.
Income Tax — Assessment — Assessable income — Taxpayer employed for fixed term — Employment terminated — Compensation — Payment by instalments — Four-weekly payments of annual sum — Income or capital — Income Tax Act 1928 (No. 3701), sec. 4.