Companies — In liquidation — Moneys paid to company for a particular purpose — Duty to account for moneys so received and to keep the same separate from the company's money — Moneys received as trustee for payers — Payment of trust money into company's personal account — Method of bearing the loss so suffered by reason of payment of trust money into the wrong account — Whether claim in winding up of the company — Companies Act 1938 (No. 4602), sec. 192 (3) — Companies (Special Investigation) Act 1940 (No. 4790).

Practice — Jury — Order of addresses by counsel — No departure from the general rule where first defendant claims against second defendant.

Will — Construction — Bequest of "estate or interest" in firm — Whether declared but undrawn profits included — Gift to brothers and nephews — Whether limited to those associated with testator in firm — Direction that beneficiaries contribute towards duties — "Such a proportionate amount to my trustee may deem proper" — Effect of direction.

Workers compensation — Hospital services — Amount limited to 125l. — Right to apply for other than fixed amount — Repeal of limitation and of right to apply for increased amount — Right acquired or accrued before repeal — Workers Compensation Act 1951 (No. 5601), secs. 11, 26 — Workers Compensation Act 1953 (No. 5676), sec. 15 — Workers' Compensation Act 1954 (No. 5714), sec. 8 — Acts Interpretation Act 1928 (No. 3630), sec. 6 (2) (c) — Acts Interpretation Act 1950 (No. 5477), sec. 2.

Evidence — Practice — Voir dire — Criminal law — Hostile witness — Whether evidence may be given of prior inconsistent statements made by witness to police — Whether witness may be cross-examined generally to show partisanship — What matter Court may consider in determining whether witness hostile — Evidence Act 1928 (No. 3674), sec. 32.

Motor car — Owner onus — Liability of company for acts of unidentified servant — Duty to inquire — "Reasonable diligence" — Period within which knowledge relevant and inquiries must be made — Finding of fact by magistrate — When reversible — Parking of Vehicles Act 1953 (No. 5677), sec. 3 — City of Melbourne By-law No. 250, clause 13 (2), and No. 311.

Vendor and purchaser — Contract — Copyright conditions of sale — Special conditions annexed to contract — Special condition inconsistent with clause in body of contract — Purchase price — Cost-plus contract — Earlier provision in contract to prevail over later inconsistent provision.

Damages — Negligence action — Assessment of damages — Possibility of future payments of invalid pension to be disregarded — Commonwealth Social Services Consolidation Act 1947-1955, sec. 25.

Partnership — Dissolution — Accounts — Term of agreement that partner devote whole time to partnership — Partner in default — Consequential loss to partnership — Proper, on taking of accounts, to debit defaulting partner with loss.

Infants — Contracts — Necessaries — Hire-purchase agreement with respect to car — Moneys paid under contract — Cannot be recovered unless total failure of consideration — Failure to have use and benefit of car — Can amount to failure of consideration — Purported return of car by infant — Bound by terms of agreement with respect thereto — Supreme Court Act 1928 (No. 3783), sec. 69.

Evidence — Personal injuries — Sustained by plaintiff through defendant's negligence — Evidence that defendant in position to call medical evidence of plaintiff's condition — Can be admissible.

Damages — Excessive amount awarded by jury — Principles upon which damages to be awarded — What evidence to be acted upon — Awards previously made in like cases — Actuarial considerations.

Husband and wife — Matrimonial home — Deserted wife residing in matrimonial home — Claim by husband to obtain possession of matrimonial home — Extent of statutory discretion to make or refuse order for possession — Circumstances affecting exercise of discretion — Married Women's Property Act 1928 (No. 3727), sec. 20.

Testator's family maintenance — Application made ten years after death — Court entitled to have regard to what had happened — In lieu of probabilities as at date of death — Assessment of amount of provision — Regard had to facts disclosed at time of making order — Including depreciation in value of money — Administration and Probate Act 1928 (No. 3632), sec. 139; Administration and Probate (Testator's Family Maintenance) Act 1937 (No. 4483), sec. 3.

Justices — Criminal law — Larceny — Application by prosecutor for information to be heard summarily — Consent to such application by the accused — Whether magistrate thereby bound to hear the information summarily or may commit the accused for trial — Discretion vested in justices to send accused for trial — "Circumstances" which justices may take into consideration when determining whether to commit the accused for trial or not — Crimes Act 1928 (No. 3664), secs. 72, 73 — Crimes Act 1949 (No. 5379), sec. 8 — Justices Act 1928 (No. 3708), secs. 4, 48, 57 (1) (a), 100, 150, 158, 216.

Criminal law — Evidence — Photograph shown to person asked to identify accused — Whether to be inferred that accused was previously convicted — Identity — Proof by circumstantial evidence — Proper direction to jury.

Licensing — Suffering drunken persons to be on licensed premises — Offence — Whether committed if only one drunken person on premises — Whether plural includes singular — Acts Interpretation Act 1928 (No. 3630), sec. 16 — Licensing Act 1928 (No. 3717), sec. 204.

Administration and probate — Will — Document consisting of three sheets of paper unattached — First and second sheets of paper containing dispositive clauses signed by testator and two witnesses — Third sheet of paper containing only the date of the will, the attestation clause and signatures of the testator and the two witnesses — Whether the three sheets of paper together constituted the will of the deceased — Whether probate thereof should be granted.

Criminal law — Appeal — No substantial miscarriage of justice — Burden on Crown — Circumstances in which not discharged — Crimes Act 1928 (No. 3664), sec. 594 (1).

Real property — Equitable mortgage — By deposit of title deeds — Mortgagor in default — Remedy of mortgagee.

Will — Construction — Vested and contingent gifts — Direction to "divide" residue — Reference to primary gift in gift over in terms capable of being read as implying that primary gift contingent, but capable also of being read as referring only to postponement of possession or of indefeasible vesting — Construction favouring early vesting preferred — "Or" read as "and" — Meaningless or blundering constructions rejected.

Contempt — Committal and attachment — Vendor and purchaser — Contract for sale of land — Specific performance of the contract — Command to the defendant conditional upon payment of the balance of purchase money — Tender of balance of purchase money to the defendant but refused — Supplementary order conditional upon lodgment in Court — Supplementary order directing the defendant to lodge in Court the certificate of title and executed instrument of transfer — Settlement to be effected in the offices of the Court — Order for delivery up of possession of the property.

Company — Winding up — Just and equitable ground — Company holding shares of another company — Same persons directors of both companies — Directors of second company using positions to detriment of shareholders of first company — Payment to director retired from active business of same salary as prior to retirement — Payment not authorized by shareholders in general meeting — When directors entitled to remuneration — Companies Act 1938 (No. 4602), sec. 166 (f).

Building society — Amendment of rules — Adding power to acquire controlling interest in shares or stock of any other registered building society with like objects — Whether such power in conformity with Building Societies Acts and rules of the society — Ambiguity — Inability of one building society to become member of another — Use of surplus funds — Whether building society may take shares of another building society as collateral security for advances — Building Societies Act 1928 (No. 3647), secs. 4, 6, 8, 10, 15, 17, 19, 20, 23, 29, 33, 35 — Building Societies Act 1953 (No. 5711), sec. 3.

Will — Bequest of share in estate — Ascertainment of profits — From carrying on of business — In absence of agreement, do not accrue from day to day — But at accounting time.

Trustee — Remuneration — Order sought for payment of annual sum — Jurisdiction to make order — Factors relevant in assessing quantum.

Licensing — Interpretation of the words "guest" and "set apart for the purpose" appearing in secs. 177 (2) and 178 (2) of the Licensing Act 1928 as amended — Burden of proving whether the facts fell within secs. 177 (2) and 178 (2) of the Licensing Act 1928 as amended — Whether licensee liable for an offence against the Act in case of a gratuitous disposal of liquor to be drunk as provided in secs. 177 (2) and 178 (2) of the Licensing Act 1928 as amended — Licensing Act 1928 (No. 3717), secs. 53, 160, 177, 178 — Licensing (Amendment) Act 1953 (No. 5767), sec. 21 — Acts Interpretation Act 1928 (No. 3630), sec. 16 — Justices Act 1928 (No. 3708), sec. 204 — Licensing Act 1928 (No. 3717), Statutory Rules, r. 30.

Evidence — Admissibility of without prejudice conversation — Terminating without prejudice negotiations unless upon new terms.

Landlord and tenant — Circumstances in which agreement for lease of land includes agreement for lease of goodwill of business conducted thereon — Fair Rents Board's determination of rent for land alone — Inclusive rent agreed upon and paid for land and goodwill — Determination inoperative to reduce rent — Rental not apportionable between land and goodwill.

Contract — Statute of Frauds — Part performance — Doctrine of — Applicability of to agreements other than for sale of land — Allowing continuance in possession by tenant after agreement coupled with payment and receipt of rent.

Specific performance — Plaintiff not ready and willing to perform agreement before action but ready and willing at writ and at trial entitled to specific performance.

Evidence — Hearsay — Proof of age — Admissibility and effect of certified extract of register of marriages — Inadmissibility of original marriage certificate handed to parties when married — Opinion or belief of wife as to deceased husband's age — Garnishee issue — Registration of Births, Deaths and Marriages Act 1928 (No. 3764), secs. 31, 45, 50 — Evidence Act 1928 (No. 3674), sec. 60 — Evidence Act 1946 (No. 5183), sec. 3 (1).

Husband and wife — Husband receiving income from separate property of wife — Parties living together in amity — Whether gift to husband — Circumstances from which inference of to be drawn.

Criminal law — Sentence — Prior convictions — Whether proper to take into consideration when imposing sentence convictions which are prior in date but subsequent to the offence of which sentence is being imposed — Crimes Act 1928 (No. 3664), secs. 88, 101, 103, 105, 106, 409, 410, 428, 433, 434, 515.

Divorce — Costs — Execution — More than six years elapsed since pronouncement of decree nisi — Costs ordered to be paid by co-respondent to prothonotary — Not to be paid to petitioner until decree nisi made absolute — Whether writ of fieri facias should issue on such decree — Whether an order should first be made for payment direct to the petitioner and then leave be granted to issue a writ of fieri facias if necessary — Whether execution might issue for interest from date of decree nisi and not from the date of the allocatur — Marriage Act 1928 (No. 3726), sec. 128 — Supreme Court Act 1928 (No. 3783), secs. 173, 174 — Rules of the Supreme Court (Divorce) 1949, r. 152 — Rules of the Supreme Court (Civil Procedure), Ord. XLII, rr. 1, 3, 4, 14, 16, 23.

Landlord and Tenant — Residential business carried on on subject premises — Sale of residential business by lessee to proposed assignee — Lessee holding subject premises as tenant from week to week from lessors — Application to lessors by lessee for consent to assignment of lease — Refusal to consent — Whether refusal reasonable — Property Law Act 1928 (No. 3754), secs. 137, 144.

Husband and wife — Maintenance — Whether Court empowered under Part I of Act to make orders only against persons in Victoria both at time of making complaint and at time of service — Whether a complaint and summons issued under Maintenance Act 1928 is writ of summons within meaning of Service and Execution of Process Act 1901-1953 — Whether complaint and summons governed by sec. 15 of the Service and Execution of Process Act 1901-1953 — Effect of complaint and summons when endorsement not appearing thereon pursuant to sec. 5 of the Service and Execution of Process Act 1901-1953 — Whether defect in summons capable of being waived — Whether waiver by defendant of defect of summons — Justices — Order to review — Conflict created by answering affidavit — Whether rule of practice should be applied whereby, in cases of conflict, the version of the party who supports the challenged ruling or order is accepted as being correct — Rule of practice not inflexible — Circumstances under which departure from rule of practice justified — Maintenance Act 1928 (No. 3722), Parts I and IV, secs. 7, 64 — Service and Execution of Process Act 1901-1953, secs. 3, 4, 5, 15.

Administration and probate — Dispensation of sureties to administration bond — Application for dispensation by Public Trustee of South Australia — Whether beneficiaries or next of kin should be notified of the application.

Criminal law — Direction to jury — Trial Judge emphasizing desirability of coming to a verdict — Juryman not to compromise in coming to a verdict.

Divorce — Discretion to pronounce decree — Notwithstanding petitioner's adultery — Utter breakdown of marriage — Whether discretion should be exercised — Marriage Act 1928 (No. 3726), sec. 84.

Vendor and purchaser — Purchaser in default — Deposit paid irrecoverable at law — Circumstances in which purchaser may recover in equity.

Vendor and purchaser — Restrictive covenant — Contract of sale — "Charitable institution" — Popular meaning.

Local government — Uniform Building Regulations — Buildings erected without permit — Notice requiring owner to show cause why buildings should not be demolished — Powers of council to demolish buildings — Valid notice condition precedent to exercise of powers — Form of notice — Notice invalid — Uniform Building Regulations, regs. 303 (a) (b) (c) (d) (e); 501.

Practice — Amendment of pleadings — Amendment of defence after close of plaintiff's case — Plaintiff's case conducted on basis of defence — Refusal of amendment.

Licensing — Club — Application for registration — Grounds of objection set out in section — Whether objections limited to those so specified — Discretion of Victorian Licensing Court — Licensing Act 1928 (No. 3717), secs. 251, 252, 256, 257, 263 — Licensing Act 1953 (No. 5767), sec. 30.

Local government — Rating — Land exempt — If used exclusively for charitable purposes — Effect of incidental or ancillary use which are non-charitable purposes — Local Government Act 1946 (No. 5203), sec. 249 (b)(ix).

Stamps — Instrument of Transfer of Land under Transfer of Land Acts — Settlement or gift, deed of — Transfer on sale — Consideration stated therein substantially less than true value of land — Sale by existing company to new company of portion of its assets — Same persons shareholders of both companies — Bona fide adequate pecuniary consideration — Whether benefaction a necessary element — Circumstances surrounding transaction relevant to ascertain whether transfer a transfer of land on a sale thereof or whether a deed of gift — Stamps Act 1946, Third Schedule, Division VI (B)(4) and IX (1) (No. 5204).

Divorce — Counter-petition — Petition discontinued — Counter-petition may be proceeded with — Rules of the Supreme Court, Order XXI, r. 16, Chapter 2, rr. 131, 152.

Contract — Sale of business — Condition that purchasers be accepted as tenants — Condition subsequent — Waiver — Whether condition waived — Special circumstances leading to contrary conclusion — Whether delay in giving notice of rescission fatal to claim therefor.

Landlord and tenant — Prescribed premises — Notice to quit — On ground that premises reasonably required by lessor for occupation by himself — Time at which premises must be so required — "Reasonably required ... for occupation" — Order below in favour of landlord reversed — In lieu thereof, complaint dismissed — Power in Supreme Court to grant leave to give fresh notice to quit — Landlord and Tenant Act 1948 (No. 5264), secs. 37 (5)(g)(i), 43 — Justices Act 1928 (No. 3708), sec. 155.

Will — Construction — Devise to "heirs and assigns" of testatrix — Whether gift to common law heir or next-of-kin.

Executors and administrators — Trusts and trustees — Executors' and administrators' corpus commission — Whether completion of administration necessary before payable — Correct date at which commission should be calculated when value of estate appreciates or depreciates — And trustees' services not fully completed for some years — Upon what basis commission divisible among trustees eligible to share therein — Whether clause in will allowing corpus commission void for uncertainty of times of calculation and payment — Proper persons entitled thereto left for implication — Practice under existing legislative provisions — Whether deceased trustee's estate entitled to corpus commission payable prior to his death — No right of trustees appointed in his place entitled to corpus commission — Administration and Probate Act 1928 (No. 3632), sec. 59 — Supreme Court Act 1928 (No. 3783), sec. 18.

Will — Construction — "Trustees entitled to be paid commission in respect of their services as executors and trustees" — Whether persons appointed in place of original trustees entitled to commission — Administration and Probate Act 1928 (No. 3632), sec. 59 — Supreme Court Act 1928 (No. 3783), sec. 18 — Trustee Companies Act 1928 (No. 3793), sec. 17.

Conflict of laws — Jurisdiction of foreign court to grant divorce — Domicil of husband at date of decree — Presumed to be domicil of origin — Recognition of foreign decree in Victoria — Mode of proof thereof — Evidence Act 1928 (No. 3674), secs. 43, 47, 120.

Divorce — Wife petitioner previously married to United States serviceman — Wife remarried in Victoria — Whether decree of Alabaman Court entitled to recognition in Victoria.

Evidence — Necessity for strict proof in matters of status notwithstanding prim facie admissibility of foreign decree under Evidence Act 1928 (No. 3674), secs. 43, 47 — Proof of jurisdiction of foreign Court and identity of parties — Evidence Act 1928, sec. 120.

Criminal law — Proper direction as to manslaughter — Accused charged with murder by shooting — Accused's account of events involving unlawful entry into victim's room, taking away and destroying victim's revolver — Struggle — Accidental discharge of weapon when accused taking it from victim who was then unconscious with intent to remove and destroy it — Discharge killing victim — Direction that accidental causing of death while in course of committing a felony of larceny in a dwelling by act not per se recognizable as dangerous to life is manslaughter.

Companies — Purchase of shares in company — Unlawful for company to give financial assistance — Whether transaction void — Companies Act 1938 (No. 4602), sec. 45.

Companies — "Proprietary" companies — Invitation to public to advance moneys to company — Whether invitation prohibited by Statute — Companies Act 1938 (No. 4602), sec. 26 (1) (a) (iv).

Licensing — Disposal of liquor — Otherwise than at place authorized by licence — Goods paid for on delivery — Whether appropriated to contract at licensed premises — Licensing Act 1928 (No. 3717), sec. 177 (c).

Divorce — Maintenance custody and permanent maintenance — Application for — Order of Petty Sessions still in force — Jurisdiction in Supreme Court to make order — Practice — Order made without requiring discharge of order below — Order below superseded — Maintenance Act 1928 (No. 3722), secs. 4, 6, 16 — Maintenance Act 1933 (No. 4154), sec. 5 — Marriage (Divorce) Act 1933 (No. 4210), sec. 5.

Fertilizers — Offences — Evidence — Analyst's certificate — Admissibility — Form of certificate set out in Act — Whether literal compliance required "To the like effect" — Vendor of fertilizer — Deficient in ingredients — Whether analyst's certificate admissible as evidence thereof — Fertilizers Act 1928 (No. 3680), secs. 15, 16, 33, 44.

Landlord and tenant — Prescribed premises — Notice to quit — On ground that premises occupied in consequence of employment — And required for employee or person about to become employed — Must be a specific person — With whom arrangements made — Particulars required — Landlord and Tenant Act 1948 (No. 5264), secs. 37 (5) (k), 41, 45 — Landlord and Tenant Act 1953 (No. 5760), sec. 16.

Transport regulation — Offences — Vehicle operating outside area limited by licence — Not authorized by licence, permit or other authority — Proof of negative element — Regulations put in — Sufficiency of proof — Transport Regulation Act 1933 (No. 4198), sec. 46.

Divorce — Application by successful wife-petitioner for permanent maintenance — Petitioner earning for seven years before application and partly supporting her son as a medical student — Effect of delay in applying — Assets of parties to be taken into consideration by Court — Unnecessarily unproductive assets of both parties and notional additions to be made to income of each on that account — Respondent's large expenditure on costs of appeals in divorce proceedings — Refusal by Court to treat that expenditure as improper or treat respondent as if he still had unencumbered the assets which he encumbered to pay these costs — Business losses by respondent — Petitioner's income more than one-third of joint incomes — Possibility of Court varying order in future if applicant's means, should decrease.

Landlord and tenant — Prescribed premises — Grounds of notice to quit — Reasonably required by lessor for occupation by himself — Whether trustee-lessor can so require — Premises reasonably required by beneficiary — Whether "required" means "needed" or "demanded and desired" — Landlord and Tenant Act 1948 (No. 5264), secs. 37 (5) (g) (i), (i).

Administration and probate — Will — Document consisting of printed will form with additions in manuscript — Witnesses' signatures appear on first page of document at the foot of the attestation clause and on third page of the document — Document not signed by testator in the presence of the witnesses — Whether acknowledgment of testator's signature — Whether name of testator in attestation clause and on third page of the document was intended as a signature — Whether writing in the document written before or after witnesses signed their names — Whether probate should be granted — Wills Act 1928 (No. 3803), sec. 8.

Matrimonial causes — Nullity — Incapacity to consummate — Refusal to consummate — Impotence quoad hanc vel hunc, Meaning and extent of doctrine of — Extent to which incapacity must be proved to be permanent or incurable — Whether incurability by art or skill necessary — Observations on danger of treating refusal of medical inspection as evidence of incapacity in case of woman — Distinction between psychological incapacity and wilful refusal of intercourse — Divorce Rules, r. 133.

Will — Probate — Presumption of due execution — Witness unaware that document a will — And that it bore testator's signature — Presumption applied — Wills Act 1928 (No. 3803), sec. 7.

Workers Compensation — Agreement between deceased and foreman that "he should begin work" and "that he should be employed" — Whether unconditional agreement entered into between the parties — Whether deceased a "worker" within the meaning of the definition in sec. 3 (1), of the Workers Compensation Acts — Whether injury arose in the course of the deceased's employment — Place of employment — Workers Compensation Act 1951 (No. 5601), secs. 3 (1), 5 (1), 8 (2).

Marketing of primary products — Acts and regulations made thereunder — No application to ducks or duck eggs — Marketing of Primary Products Act 1935 (No. 4337), secs. 4, 7 (1), 35 (k), 43; Marketing of Primary Products (Validation) Act 1939 (No. 4658), sec. 5; Marketing of Primary Products (Egg and Egg Pulp) Act 1951 (No. 5612), sec. 9.

Courts — Powers of Courts of General Sessions — Appeal not entered for trial — Whether discretion not to dismiss appeal — Appeal dismissed — Because not entered for trial — Application at later sitting for liberty to enter appeal granted — Appeal ordered to be listed for trial — Not competent for Court at later sitting so to do — Justices Act 1928 (No. 3708), sec. 137 (3).

Landlord and tenant — Lease — Terms — Contract of sale of land — Tenancy at will — Implied tenancy thereunder — Excluded from operation of Landlord and Tenant Acts restricting eviction — Landlord and Tenant Act 1948 (No. 5264), sec. 2 (1); Landlord and Tenant Act 1954 (No. 5847), sec. 3.

Fish and Fisheries — Whether the word "fish" appearing in sec. 41 of the Fisheries Act 1928 includes decapitated fish — Fisheries Act 1928 (No. 3683), sec. 4.

Criminal Law — Incest with stepdaughter — Appeal on ground that verdict of jury unreasonable — Accused did not give evidence — Comment by Judge that accused did not give evidence — Whether comment prejudicial to trial — Crimes Act 1928 (No. 3664), secs. 432, 594 (1).

Motor car — Vehicle carrying excessive — Knowledge of owner — Prim facie case rebutted by proof that contravention occurred without knowledge of owner — Motor Car Act 1951 (No. 5616), sec. 32.

Practice — Order empowering plaintiff to enter final judgment when writ endorsed for liquidated demand — Claim under a fire insurance policy for total loss of goods alleged to be worth more than the sum insured — Not a liquidated demana although claim limited to total sum insured — Judgment purporting to have been entered held irregular — History and meaning of rule considered — Rules of the Supreme Court O. XIII, r. 3; O. III, r. 4; O. XXVII, r. 15.

Bail — Alleged offence committed while accused on bail awaiting trial on another charge — Proceeds of alleged offence used for purpose of procuring legal assistance in such other pending trial — Likelihood of other offences being committed if bail is granted.

Licensing — Justices — Onus of proof of exculpatory circumstances — Onus of proof amounts to "onus in law" but standard of proof on balance of probabilities — Guest of licensee — Room reserved for licensee — Magistrate may reject evidence which is not expressly contradicted — Licensing Act 1928 (No. 3717), secs. 177, 178, 181, 182, 187, 188 — Licensing (Amendment) Act 1953 (No. 5767), sec. 21 — Justices Act 1928 (No. 3708), sec. 214.

Landlord and tenant — Prescribed premises — Overholding after lease for term — Notice to quit — On ground that lessee failed to perform or observe term or condition of lease — Term expressed to arise at termination of tenancy — Impossible for breach to exist when notice to quit given — Landlord and Tenant Act 1948 (No. 5264), sec. 37 (5) (b).

Marketing of primary products — Eggs — Regulation — Prohibiting eggs in cold storage premises without consent of Board — Whether regulation valid — Marketing of Primary Products Act 1935 (No. 4337), sec. 43 — Marketing of Primary Products (Egg and Egg Pulp) Act 1951 (No. 5612), sec. 9.

Landlord and tenant — Prescribed premises — Certain premises excluded from parts of Act — "Any premises" — Whether part can be excluded although whole still subject — Notice to quit — On ground that rent unpaid — Landlord primarily responsible for failure to pay — Discretion to make order for possession — Order refused despite landlord's hardship — Landlord and Tenant Act 1948 (No. 5264), secs. 37 (5) (a), 45 (1); Landlord and Tenant Act 1953 (No. 5760), sec. 2 (1)(a).

Married Women's Property — Existence and extent of Court's discretion to make orders as to title or to possession of property in dispute — Whether Court bound to apply strict rules of law and equity affecting the property or give effect to the actual or presumed intention of the parties — Married Women's Property Act 1928 (No. 3727), sec. 20.

Trusts — Voluntary assignment by husband of matrimonial home to wife — Subsequent sale and re-purchase of various matrimonial homes by wife — Presumption of advancement in favour of wife — Rebutted by understanding between parties that wife should hold each home absolutely for herself if she survived her husband but during their joint lives each home held in trust by her as a matrimonial home and husband entitled to use title as security to raise money for his business ventures.

Criminal Law — Evidence — Unsworn statement made by accused from the dock — Forms part of evidentiary material of case and fact that unsworn merely affects weight to be given it by jury — Misdirection for trial Judge to inform jury that unsworn statement only comparable to argument of barrister or solicitor appearing for accused — Unsworn statement inadmissible as evidence against another accused tried at same time — Evidence Act 1928 (No. 3674), sec. 25 — Crimes Act 1928 (No. 3664), sec. 432.

Trade and commerce — Carriage of goods by sea — Goods shipped but not delivered at destination — Bill of lading — Goods wrongly described on bill of lading — Whether "wilfully misstated" — Liability of carrier and ship — Burden of proof — Sea Carriage of Goods Act 1924 (No. 22 of 1924), Schedule, article IV, rules 2, 3, 4 and 5.

Local Government — Drainage scheme — Objections to scheme — Notice of objection should contain particulars — Scheme necessary for proper drainage of land — Benefit from scheme — Scheme designed to drain higher land — Lower land benefitting by water not now passing over it — Inclusion of owners liable to contribution to cost — Local Government Act 1946 (No. 5203), secs. 575-584, 587-588, 610-612, 901 (1).

Licensing — Rent in lease fixed dependent upon amount of licence fee — Rent computed directly or indirectly by reference to purchases or sales of liquor — Rent irrecoverable by lessor notwithstanding granting of lease prior to commencement of Licensing (Fees) Act 1951 — Licensing Act 1928 (No. 3717), sec. 19(3)(c) — Licensing (Fees) Act 1951 (No. 5584), sec. 2(2).

Statute — Interpretation — Retrospectivity — "Commencement of this Act".

Landlord and tenant — Prescribed premises — Death of statutory tenant — Person residing with lessee immediately prior to death — Not being lodger or boarder — "Actually in possession" immediately after death — Right to continue in possession — "Actually in possession" equivalent to "in occupation" — Status of lodger or boarder requires contractual basis — Public Trustee — Person residing with lessee a protected person — Lessee not a protected person — Whether protection available to defeat claim for possession — Landlord and Tenant Act 1948 (No. 5264), secs. 57, 72 — Administration and Probate Act 1928 (No. 3632), sec. 15 — Public Trustee Act 1939 (No. 4654), sec. 10(1).

Administration and probate — Will — Disappearance of legatee more than seven years before testator's death — Distribution of estate — Whether legatee survived testator — Onus of proof — Form of order.

Railways — Long service leave — Effect of voluntary resignation from employment on application for pay in lieu of long service leave — Railways (Furlough) Act 1951 (No. 5548), sec. 3 — Railways Act 1928 (No. 3759) — Railways (Long Service) Act 1942 (No. 4930) — Railways (Long Service) Act 1946 (No. 5127).

Contempt of Court — Person charged with serious crime — Tendency to prejudice his fair trial — By publications in newspapers and oral broadcast — Principles applicable.

Landlord and tenant — Prescribed premises — Dwelling-house let at the 31st December 1940 at not less than 2l. 10s. a week — Statutory power to fix fair rent by agreement — Lease of reversion — Agreement between parties thereto purporting to fix fair rent — Not binding on occupying tenant — Landlord and Tenant Act 1948 (No. 5264), sec. 2 — Landlord and Tenant Act 1954 (No. 5847), sec. 4.

Practice — Compromise of action — Enforcement of terms — By motion in action — Supreme Court Act 1928 (No. 3783), sec. 61 (7).

Contract — Banker and customer — Partners — Joint account — All cheques to be signed by both partners — Cheques honoured bearing signature of one partner and forged signature of other — Right of innocent partner to recover from bank.

Criminal law — Procedure — View of locus in quo in absence of accused — Whether the view is part of the trial at which the accused must be present — Whether the view is part of the evidence — Crimes Act 1928 (No. 3664), sec. 450 — Appeal — Court of Criminal Appeal — Amendment of grounds of appeal — Criminal Appeal Rules 1950, r. 43.

Damages — Lord Campbell's Act — Calculation of dependency — Superannuation — Wrongs Act 1928 (No. 3807), Part III, sec. 18 — Superannuation Act 1928 (No. 3782).

Practice — Fatal accident — Action for negligence by widow of deceased pursuant to Wrongs Act 1928 (No. 3807), Part III — Delivery of interrogatories by plaintiff after holding of inquest — Plaintiff entitled to interrogate and not bound to put in evidence defendant's depositions — No rule that interrogatories not permitted unless plaintiff cannot make a case in any other way — Interrogatories as to depositions allowed although neither depositions nor copy thereof annexed to interrogatories.

Divorce — Desertion — Just cause or excuse amounting to constructive desertion — What amounts to just cause or excuse for temporary or permanent withdrawal from cohabitation — Onus of proof — Marriage Act 1928 (No. 3726), sec. 75.

Vendor and purchaser — Injunction — Restrictive building covenant in subdivisional scheme — Restriction against house except if brick or stone with slate or tile roof — "Brick veneer" house not permitted — Vertical structure, internal and external, must be substantially wholly of brick or stone.

Will — Construction — Uncertainty — "Profit" — Power "to retain my estate in the same investments...and from time to time to sell and convert into money the whole or any portion of my estate and to retain for his own use and benefit any profit made on such sales..." — Administration and Probate Act 1928 (No. 3632), sec. 152 — Administration and Probate (Estates) Act 1951 (No. 5590), secs. 8, 13.

Negligence — Road accident — Contributory negligence — Last clear chance of avoiding a collision — Effect of Wrongs (Contributory Negligence) Act 1951 (No. 5594) on doctrine of last clear chance — Meaning of word "fault" in Wrongs (Contributory Negligence) Act 1951 (secs. 2 and 3) in relation to contributory negligence — Whether Act inapplicable in cases where at common law the plaintiff's negligence amounted to a defence of contributory negligence — Causation — Directions given by trial Judge as to the Act — Circumstances in which an appellate court will interfere with jury's apportionment of liability.

Local government — Private street construction — Street previously constructed — Scheme of street construction quashed — Res judicata — Judgment in rem — Estoppel by record — Objections to scheme — Consideration of objections — Council not obliged to hear objectors — Description of work — Re-opening of case — Local Government Act 1946 (No. 5203), secs. 575, 576, 577, 578, 579, 585 (5), 587 (5) — Local Government Act 1949 (No. 5443), sec. 22 (1) — Justices Act 1928 (No. 3708), sec. 88.

Appeal — Plaintiff injured by piece of wood flying from machine when entering defendant's premises — Defendant alleged to be liable because of breach of duty owed to invitee or alternatively because of breach of Factories and Shops Act 1928 (No. 3677), sec. 59 — Trial conducted accordingly and questions put to jury — Application by counsel for plaintiff after Judge's summing up for re-direction on question of res ipsa loquitur — Application refused because of course of trial and evidence adduced by plaintiff — Circumstances in which new trial may be granted ex gratia.

Negligence — Liability to invitee — Res ipsa loquitur — Breach of statutory duty — Factories and Shops Act 1928 (No. 3677), sec. 59.

Motor car — Vehicles and traffic — Property injured by motor — Obligation to give name and address etc. to owner of property damaged — Motor Car Act 1951 (No. 5616), sec. 77 (1) (a), (b).

Divorce — Desertion — Insanity of respondent for one month during period relied on — Interruption of period of desertion — Incapable of having intention to desert or to co-habit — Ground not established — Marriage Act 1928 (No. 3726), sec. 75 (a).

Local Government — Acting as councillor when incapacitated — Action for penalties — Plaintiff if successful entitled to "full costs" — Power to order plaintiff to pay costs of leave to appeal — Local Government Act 1946 (No. 5203), sec. 56(1).

Motor car — Regulation — Imposing speed limit — On any part of highway — In which provision for lighting by means of street lighting — Whether regulation valid — "Highway" — Meaning of "road" — Motor Car Act 1951 (No. 5616), sec. 91 (1); Motor Car Regulations 1952-4, reg. 192B.

Will — Bequest to "the various Protestant Churches in the township of H." — Plymouth Brethren — Whether a "Church" — Whether "Protestant".

Criminal law — Escaping from lawful custody — Sufficiency of evidence — Strict proof of lawful custody — Authority for removal from place of custody — Crimes Act 1928 (No. 3665), secs. 393 (4), 395, 513, 519-521 — Justices Act 1928 (No. 3708), secs. 48 (5), 119, 201, 205 — Gaols Act 1928 (No. 3690), secs. 23, 24, 29, 36, 51 — Imperial Acts Application Act 1922 (No. 3270), Part II, Division 11 — Habeas Corpus Act 1679 (31 Ch. II, cap. II), sec. 2.

Arbitration — Reference by consent of parties out of Court — Award — Application to set aside or remit — Whether time limit therefor — Rules of the Supreme Court 1938, Order LIX, r. 2.

Criminal law — Charges of assault with intent to commit rape and of indecent assault — Alternative verdict under sec. 44 (2) of Crimes Act 1928 not open to the jury — Crimes Act 1928 (No. 3664), secs. 41, 44 (2), 452, 51, 452-466.

Will — Construction — Annual outgoings of estate exceed annual income — Whether trustee entitled to expend capital of the estate in payment of annual outgoings — Whether outgoings of one asset of estate paid for from income from a different asset of the estate — Capital of the estate expended in one year — Not to be reimbursed out of income in a subsequent year — Whether trustee has power to remove a hedge surrounding land where will requires trustee to maintain hedge — Settled Land Act 1928 (No. 3771), secs. 6, 106, 107.

Police offences — "Occupier of a house" — Whether lodger may be "occupier" — Police Offences Act 1928 (No. 3749), sec. 68 (3).

Damages — Whether amount awarded by jury excessive — Objective test to be applied in assessment of damages — Diminution in capacity to enjoy life — Mental state after accident irrelevant.

Criminal law — Carnally knowing girl over ten and under sixteen years of age — Belief on reasonable grounds that girl over sixteen years not a defence — Crimes Act 1928 (No. 3664), sec. 44 (1).

Vendor and purchaser — Street construction — Excess of costs over estimated costs — Liability as between parties to contract of sale.

Local government — Street construction — Excess of costs over estimated costs — Liability as between vendor and purchaser — Local Government Act 1946 (No. 5203), secs. 385 (1), 580 (4).

Contract — Whether contract to manage and direct activities of a company is an entire contract — Implied obligation to honestly so manage and direct activities — Whether any remuneration payable unless duties of management and direction thereof performed fully or substantially so, and so performed honestly — Settled accounts — Release — Setting aside of settled accounts or release — Fiduciary relationship between the parties — Duty to disclose any fact within knowledge of the parties material to the making of the alleged agreements to settle accounts for remuneration for services — Non-disclosure of misconduct.