DAY v. GLENNONVLR 1
Licensing — Disposal — Agent carrying on business pending probate — Charge of unlawful disposal of liquor — Whether agent subject to provisions facilitating proof — Licensing Act 1928 (No. 3717), secs. 119 (1) (a), 120, 178, 182.
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Cases reported in this volume of the Victorian Reports
Licensing — Disposal — Agent carrying on business pending probate — Charge of unlawful disposal of liquor — Whether agent subject to provisions facilitating proof — Licensing Act 1928 (No. 3717), secs. 119 (1) (a), 120, 178, 182.
Administration and probate — Estate fully administered — Several beneficiaries entitled to residue in remainder — Whether any interest in individual assets forming part of estate — Mortgages on real estate — Whether movables.
Will — Construction — Conflict of laws — Legitimacy — Person domiciled in England — Legitimated by English law after death of father — Father domiciled in England prior to death — Legitimacy not recognised in Victoria — Legitimacy Act 1926 (16 & 17 Geo. V., c. 60).
Justices — Children's Court — Jurisdiction — Defendant under seventeen when offence committed and information laid but over that age when brought before Court of Petty Sessions — Children's Court Act 1928 (No. 3653), secs. 13, 15.
Divorce — Condonation — Repeated act of adultery — Conduct necessary to revive condoned offence.
Trusts — Tenant for life and remainderman — Trust for conversion — Power to retain investments — Shares in no liability mining companies retained — Dividends received from retained shares — Whether income or corpus.
Transport regulation — Motor car carrying goods for hire or reward on Sunday — Load composed partly of perishable articles of human food and partly of other goods — Transport Regulation Act 1933 (No. 4198), sec. 40.(1), (2) — Factories and Shops Act 1928 (No. 3677), sec. 130 (1) (b).
Police offences — Possession of property suspected of having been stolen — Actual possession — Goods found in sideboard used by defendant and other persons — Admission of ownership by defendant — Police Offences Act 1928 (No. 3749), sec. 40.
Local Government — Land granted to municipality as site for public buildings — Provision against alienation — Shire hall erected on land — Purported lease of use of hall for motion pictures for profit — Lease in substance a licence — Power of municipality to grant such a lease or licence — Land Act 1928 (No. 3709), sec. 18 — Local Government Act 1928 (No. 3720), sec. 236.
Money had and received — Evidence — Estate agency carried on under firm name — Defendant registered as firm under Business Names Act — Defendant also licensed as real estate agent — Defendant receiving plaintiff's money in course of firm's business — Whether receipt as principal or agent — Effect of defendant's statements in official documents.
Landlord and tenant — Lease for three years — Tenant covenanting not to cease to occupy premises for five years while practising as a medical practitioner in neighbourhood — Tenant continuing to so practise and to occupy premises after the expiration of three years — Nature of tenancy — Whether tenancy from year to year — Whether notice to quit on expiry of five years necessary.
Administration and probate — Administration of estate — Two hotels both subject to same mortgage debt — First hotel devised subject to payment of mortgage moneys — Second hotel part of residue — Specific devise of other property free from payment of any mortgages thereon — Whether first hotel charged with payment of the whole of the mortgage moneys thereon — Administration and Probate Act 1928 (No. 3632), sec. 35.
Workers' Compensation — Injury to worker — Loss of "use" of thumb — Meaning of "use" — Workers' Compensation Act 1928 (No. 3806), Fourth Schedule — Workers' Compensation Act 1935 (No. 4360), First Schedule.
County Court — Action for negligence — Nominal defendant — Summons disclosing fact of insurance — Notice requiring trial by jury — No power in County Court to dispense with trial by jury — Application to transfer action to Supreme Court — County Court Act 1928 (No. 3663), secs. 61, 67 — Motor Car (Third-Party Insurance) Act 1939 (No. 4688), sec. 13.
Estoppel — False imprisonment — Arrest for drunkenness — Conviction — Whether conviction bar to action for false imprisonment.
Police offences — Lawful means of support — Absence of — Power of constable to arrest — Reasonable cause to believe accused has no lawful means of support — Police Offences Act 1928 (No. 3749), sec. 70.
Divorce — Petition on grounds of adultery and cruelty — Woman named in petition intervening — Questions for jury — Divorce Rules, rule 49.
Company — Practice — Reduction of capital — Consent of creditors — Settling list of creditors — Dispensing with — Companies Act 1938 (No. 4602), sec. 56.
Criminal law — Substantial miscarriage of justice — Forgery — Intent to defraud — Public document — Marriage certificate — Marriage Act 1928 (No. 3726), sec. 26.
Criminal law — Accessory before the fact — Absence of direct communication with principal — Accessory after the fact — No positive assistance to principal offender — Whether an accomplice — Whether corroboration of evidence required — Direction as to corroboration — Corroboration of evidence of accomplice — Meaning of accomplice — Re-examination of witness.
Practice — Pleading — Statement of claim — Pleading therein of waiver, estoppel and election to affirm contract — Whether permissible — Rules of Supreme Court 1938, Order XIX., rule 14.
Local Government — Licensing — Licensed premises — Valuation — Apportionment of licence fee — Whether proportion of licence fee falling on owner deductible in computing net annual value of premises — Licensing Act 1928 (No. 3717), sec. 19 (3) — Local Government Act 1928 (No. 3720), sec. 252.
Local government — Street-making — Liability of frontager — Adjournments of meetings to consider scheme — Eventual adoption of scheme — Defect in proceedings — Whether cured — Local Government Act 1928 (No. 3720), secs. 577-580.
Factories and shops — Wages board — Price or rate determined — Date not within fourteen days of such determination — Meaning of "determination" — Factories and Shops Act 1928 (No. 3677), sec. 171.
Administration and probate — Summons to executor to prove will — Power of Court on return of summons — Power to grant administration with the will annexed — Formal renunciation of probate by executor not filed in Court — Administration and Probate Act 1928 (No. 3632), sec. 11.
Criminal law — Evidence — Character of accused — Cross-examination as to — Imputations against character of prosecution witness — Crimes Act 1928 (No. 3664), sec. 432.
Administration, and Probate — Caveat — Interest of caveator — Bankruptcy of caveator — Security for costs — Bankruptcy Act 1924-1933 (No. 37 of 1924-No. 66 of 1933), secs. 60, 91 — Administration and Probate Act 1928 (No. 3632), sec. 52.
Administration and probate — Summons to executor to prove will — Return of summons — Grant of administration with will annexed — Whether made by Court or Registrar of Probates — Administration and Probate Act 1928 (No. 3632), sec. 11.
National security — Consent to prosecution — Solicitor-General Act 1916 (No. 28 of 1916), sec. 3 — National Security Act 1939-1940 (No. 15 of 1939 — No. 44 of 1940) — National Security (Supplementary) Regulations.
Practice — Interrogatories — Action for negligence under Wrongs Act, Part III. — Road collision — Facts previously investigated — Plaintiffs unable to obtain witnesses — Whether defendant bound to answer interrogatories as to his version of collision — Rules of Supreme Court 1938, Order XXXI, rule 11.
Administration and probate — Administration bond — Dispensing with surety — Interest of infants — Dispensation refused — Limitation of amount of surety.
Administration and probate — Will naming particular individual as executor — Mistake of testator as to name — Intention to appoint some other person executor — Extrinsic evidence of intention inadmissible — Wills Act 1928 (No. 3803), sec. 7.
Company — Proprietary company — Winding up — Conduct of majority shareholders — Whether just and equitable to order winding up — Companies Act 1938 (No. 4602), sec. 166 (1) (f).
Administration and Probate — Family maintenance — Testamentary provision therefor — Application by widow for provision out of testator's estate — Intestacy as to part of estate — Court to have regard to the whole estate in considering application and fixing amount of any provision made — Order made to be limited to assets disposed of by will — Administration and Probate Act 1928 (No. 3632), Part V. — Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), secs. 3, 7, Schedule.
National security — Liquor control — Closure order — Whether properly made — Reasonable cause for belief — Proof of — Review of order — Costs of application to review — Commonwealth National Security (Supplementary) Regulations — Liquor Control Order (Victoria), cl. 5 (1), (5).
Divorce — Jurisdiction — Domicil in Victoria — Petition in Victoria for dissolution of marriage — Previous proceedings in Tasmania — Tasmanian proceedings still pending — Whether Victorian Court has jurisdiction — Whether jurisdiction should be exercised.
Trusts — Postponement of conversion — Trustee carrying on business — Settled legacies not set up — Income from unconverted property to be paid as if it were income from investments of the proceeds of conversion — Business in some years carried on at loss — To what income tenants for life entitled — Losses to be deducted from subsequent profits.
Practice — Mode of trial — With or without jury — Negligence — Action for — Insurance of motor cars — Car involved not identified — Nominal defendant — Description of in proceedings — Duty of counsel at trial — Motor Car (Third Party Insurance) Act 1939 (No. 4688), sec. 13 — Rules of Supreme Court 1938, Order XXXVI., r. 6.
Police Offences — "Brothel" — Meaning of — Police Offences Act 1928 (No. 3749), sec. 80.
Executors and administrators — Executor empowered to carry on business of testator — Trade creditor of executor — Not pursuing legal remedy against executor — Whether entitled to order for administration of estate — Insolvent estate — Transfer of proceedings to Court of Bankruptcy — Bankruptcy Act (Commonwealth) 1924-1933, sec. 155 (3).
Will — Company — Bequest of shares in proprietary company — Declaration of dividend after death of testator in respect of period commencing before death — Whether carried by gift of shares or part of corpus — Apportionment — Supreme Court Act 1928 (No. 3783), sec. 73.
Husband and wife — Deed of separation — Construction — Allowance payable to wife for life — Deed to terminate on marriage being "dissolved" — Whether allowance payable after husband's death.
Landlord and Tenant — Liability of tenant to pay "pan rates" — Whether tenant liable to pay sewerage rates — Sewerage Districts Act 1928 (No. 3772), secs. 83, 112 — Health Act 1928 (No. 3697), sec. 52.
Will — Construction — Gift to "issue".
Master and servant — Annual hiring — Contract providing for termination upon six months' notice — Whether notice must expire at end of a yearly period.
Practice — Specially indorsed writ — Summons for final judgment — Cause of action — Verification by affidavit — Contents of affidavit — Rules of Supreme Court 1938, Order XIV., rule 1.
Will — Construction — Trust to apply moneys "for such charitable purposes and bequests to such of my relations as my trustee may think proper" — Validity — Meaning.
Will — Charity — Trust for benefit of employees — Validity — Severability of provisions — Property Law Act 1928 (No. 3754), sec. 131.
Local Government — By-law — Power to suppress nuisances — By-law prohibiting use of fuel in a furnace unless escape of any dust, grit or ash therefrom made impossible — Validity — Local Government Act 1928 (No. 3720), sec. 197 (1)(x).
Company — Proprietary company — Winding up — Conduct of majority shareholders — Whether just and equitable to order winding up — Companies Act 1938 (No. 4602), sec. 166 (1)(f).
Criminal law — Committal for trial of accused apparently over age of seventeen years — Under seventeen at time of offence — Presentment by Attorney-General — Jurisdiction of Supreme Court to deal with accused — Children's Court Act 1928 (No. 3653) — Crimes Act 1928 (No. 3664), sec. 387.