Criminal law - Penal reform - Four cumulative sentences imposed before commencement of Act - Prisoner undergoing second sentence at commencement - Duty of Parole Board to fix minimum term - Penal Reform Act 1956 (No. 5961), s26, s44, s46.

Will - Construction - Gift to wife "for use as she thinks fit during her lifetime" - No gift over - Absolute interest given.

Landlord and tenant - Prescribed premises - Determination of fair rent - Factors to be considered - Rents of comparable premises in locality - Whether decontrolled rents to be considered - Discretion of Board - When Supreme Court will interfere - Landlord and Tenant Act 1948 (No. 5264), s21(e), s121(i), s121(j).

Landlord and tenant - Unincorporated association - Cannot be lessee.

Landlord and tenant - Fair rent - Premises not in existence or not leased on 31 December 1940 - First lease after 31 December 1940 - Progressively increasing rents - "Rent payable in respect of the prescribed premises under the lease whereby the premises were first let" - Landlord and Tenant Act 1948 (No. 5264), s12, s13, s21 - Landlord and Tenant (Amendment) Act 1955 (No. 5884), s7.

Limitation of actions - Whether the section re giving of notice applies only to cases in which the cause of action arises after the Act came into operation - Limitation of Actions Act 1955 (No. 5914), s34.

Habeas corpus - Taxation - Sales tax - Convictions for wilful avoidance of sales tax - Issue of three warrants of commitment for non-payment of penalty - Warrants of commitment executed on same day - Whether period of imprisonment commenced in respect of the three warrants on the same day - Sales Tax Procedure Act 1934-1940, s11(1)(e), s12 - Sales Tax Assessment Act (No. 1) 1930-1953, s54, s65, s66 - Justices Act 1928 (No. 3708), s117, s118 - Gaols Act 1928, (No. 3690), s12, s20, s21.

Criminal law - Plea - Fitness to plead - Whether Court under a duty to have question of fitness to plead determined even on its own motion - Whether defence can require the general issue to be tried before the issue of fitness to plead - Whether issue of fitness to plead involves an issue joined between the parties - Whether accused bears the onus of an issue or is required to commence the inquiry.

Execution - Attachment of debt - Order nisi binds only moneys owing at date of of order - Married male worker's wages - Surplus above specified rate attachable - Two days only worked at date of order nisi - No surplus attachable - Justices Act 1928 (No. 3708), s126; Employers and Employes Act 1928 (No. 3673), s67, s68.

Justices - Order made when one party does not appear - Power in Court to set aside - Limited to ex parte orders - Counsel announcing appearance but taking no further part in proceedings - No jurisdiction to set aside - Justices Act 1928 (No. 3708), s66.

Workers compensation - Death from heart failure - Alternatively from pre- existing heart disease - Neither disease caused or accentuated by work - Compensation payable under award - "Personal injury by accident arising out of and in course of employment" - Not injury by accident - And not "arising out of employment".

Bills of exchange - Crossed cheque - Marked "not negotiable" - Given on condition that certain work completed by payee - Condition not fulfilled - Cheque endorsed by payee and delivered to another - Whether holder had good title - Commonwealth Bills of Exchange Act 1909-1936, s87.

Husband and wife - Dispute as to property - Extent of statutory discretion - Whether exercisable in action - Actual intention ascertainable - Limitations of discretion - Purchase in husband's name on behalf of both spouses - Rebuttal of presumption that each entitled proportionately to contribution - Married Women's Property Act 1928 (No. 3727), s20; Marriage (Property) Act 1956 (No. 6050), s7.

Workers compensation - Evidence - Relevance of payment by insurance company - On behalf of employer - Right of employer to sue third party - Workers Compensation Act 1951 (No. 5601), s62(b).

Health - "Food premises" - Licensed victualler's premises - Health Act 1928 (No. 3697), PtX, s220 - Health (Amendment) Act 1954 (No. 5823), s25, s27 - Health Act 1956 (No. 6024), PtXII, s3, s220(1), s222, s227, s229, s244.

Landlord and tenant - Warrant of ejectment - Issue thereof a ministerial act - Mandamus lies to compel - Effect of delay for three years - Whether new tenancy created - Whether arrangement deemed to be a lease - Landlord and Tenant Act 1928 (No. 3710), s72; Justices Act 1928 (No. 3708), s158; Landlord and Tenant Act 1953 (No. 5760), s4(2).

Criminal law - Jury - Possession by Crown of copy of panel - Accused not prejudiced - Challenge to array - Grounds therefor - Sheriff's conduct after panel summoned irrelevant - Juries Act 1957 (No. 5995), s25(2).

Costs - Motion - Power of Full Court to award costs though without jurisdiction to hear motion - Whether a "proceeding" - Supreme Court Act 1928 (No. 3783), s32(1).

Divorce - Application to set aside decree nisi in undefended suit - Jurisdiction of single judge - Grounds for setting aside - Concurrent proceedings in different States - Desirable that Court of domicile determine issues - Commonwealth Matrimonial Causes Act 1945-1955 PtIII, PtIIIA - Marriage Act 1928 (No. 3726), s115.

Negligence - Contributory negligence - Infant of tender years - New trial - Substantial wrong or miscarriage.

Landlord and Tenant - Prescribed premises - Show cases being fixtures and attached to wall of premises - Whether show cases are prescribed premises - Landlord and Tenant Act 1948 (No. 5264), s2.

Animals - Live stock - Sheep - Foot rot - Exhibiting sheep for sale apparently affected with foot rot - Circumstances under which an offence is committed - Sheep (Foot Rot) Act 1956 (No. 6007), s6.

Health - Sale of adulterated sausage meat - Defence of having taken all reasonable precautions as provided by s291(2) of Health Act 1956 - No analysis or other adequate test made of sausage meat - Whether defence applies to cases of manufactured meat and sales of meat - Health Act 1956 (No. 6024), PtXIV, s238, s291.

Justices - Maintenance - Power of justices to adjourn - Principles upon which the court will interfere to enable matter to be determined - Justices Act 1928 (No. 3708), s89(2), s89(4) - Justices Act 1957 (No. 6082), s92(2), s92(4) - Maintenance Act 1928 (No. 3722), s4(6), s6(6).

Landlord and tenant - Notice to quit - Leave to serve, after failure of proceedings - "Any court" - Referable to petty sessions, County or Supreme Court - Leave to serve after three months - Whether valid exercise of discretion - Reasons should be given - Landlord and Tenant Act 1948 (No. 5264), s43.

Justices - Order to review - Argument below based on inadequate admissions - Further evidence not admissible on review - In exercising discretion conditions can be imposed.

Administration and probate - Executor's commission - No provision in will authorizing solicitor-executor to charge estate for professional services rendered - Whether court has jurisdiction to grant commission in respect of professional work rendered by solicitor-executor - Administration and Probate Act 1928 (No. 3632), s59 - Supreme Court Act 1928 (No. 3783), s18.

Maintenance - Case stated from court of general sessions to Supreme Court - Power only to correct error of law - Application to discharge maintenance order after dissolution of marriage - Discretion of chairman of general sessions - Reservation of permanent maintenance does not of itself entitle husband to discharge of maintenance order in petty sessions - Maintenance Act 1928 (No. 3722), s15 - Justices Act 1928 (No. 3708), s147.

Arbitration - Submission to two arbitrators - One refusing to act - No power in court to fill vacancy - Arbitration Act 1928 (No. 3637), s6(b).

Industrial and Provident Society - Voluntary winding up - Application of Companies Acts to winding up - Jurisdiction of Supreme Court to hear appeal from application for directions and an order thereon in County Court - Calls made by society on members' shares more than six years prior to liquidation - Fresh calls by liquidators creating new liability - Appropriate period of limitation in respect of members' liabilities on calls - Whether specialty or simple debt - Industrial and Provident Societies Act 1928 (No. 3702), s22 - Companies Act 1938 (No. 4602), s158.

Whether Society acted ultra vires in receiving deposits from members in respect of future contracts for the sale of land and erection of houses - Receipt of deposits not contrary to Industrial and Provident Societies Act 1928, s4 - Depositors entitled to recover payments made and rank pari passu with general creditors of the Society.

Right of members to withdraw from the Society - Evidence of withdrawal.

Practice - Writ served within jurisdiction - Service of concurrent writ out of jurisdiction - Whether proper party to action - Whether State rule of court inconsistent with Commonwealth Statute - Rules of the Supreme Court, O.XI, r1(g) - Commonwealth Service and Execution of Process Act 1901-1953.

Will - Construction - Gift "to M or to his legal personal representative" - Whether alternative gift intended to be substitutional - Death of M in lifetime of testatrix - Lapse - Precatory words annexed to gift do not prevent lapse.

Companies - Investigation of affairs - Appointment by Crown of inspector - Statutory provision as to defraying "expenses" of investigation - "Expenses" are those of Crown - No right to sue conferred on inspector - Companies Act 1938 (No. 4602), s136.

Practice - Order to review - Affidavit of justice - Evidence - Admissibility of affidavit of justice typed in office of solicitor for informant - Admissibility of evidence as to belief of witness as to identity of accused - Justices Act 1928 (No. 3708), s162 - Justices Act 1957 (No. 6082), s167.

Local Government - Scheme for construction of private street - Joinder in one scheme of a scheme for the complete construction of one street or streets with a scheme for the partial construction to the extent only of urgent works of another street or streets - Whether such a scheme is valid - Circumstances under which work determined to be urgently required - Onus of proof upon a reference of objections - Local Government Act 1946 (No. 5203), s586 - Local Government Act 1949 (No. 5443), s22(1)(e) - Local Government (Amendment) Act 1954 (No. 5843), s33.

Licensing - Justices - Imposition of fine instead of period of imprisonment - Whether "Expressly enacted" in s161 of Licensing Act 1928 that s71 of Justices Act 1928 has no application - Licensing Act 1928 (No. 3717), s161 - Justices Act 1928 (No. 3708), s71 - Justices Act 1957 (No. 6082), s74.

Licensing - Offences - Drinking of liquor on premises during prohibited hours and on Sunday, Good Friday and Anzac Day - Exculpatory provisions - Gratuitous disposal by lodger to guest - "In any room set apart for the purpose" - Whether more than one room may be "set apart" - Licensing Act 1928 (No. 3717), s178(2); Licensing (Amendment) Act 1953 (No. 5767), s21; Acts Interpretation Act 1928 (No. 3630), s16.

Criminal law - Justices - Licensing - Power of justices to adjourn further hearing of information on defendant entering into a recognizance to be of good behaviour - Defendant convicted of an offence during period of recognizance - Whether defendant failed to observe condition of recognizance - Onus on defendant to show he has been of good behaviour - Onus on prosecution to prove failure to be of good behaviour if breach is alleged - Effect thereon of a conviction during the period of recognizance - Crimes Act 1949 (No. 5379), s15 - Justices Act 1928 (No. 3708), s89(6) - Justices Act 1957 (No. 6082), s92(6).

Landlord and Tenant - Sale of residential business by lessee to proposed assignee - Lessee remaining in possession of the subject premises after the termination of the lease thereof - Application to lessor by lessees for consent to assignment of the lease - Refusal to consent - Whether refusal reasonable - Whether applicant had any interest in the subject premises capable of being assigned - Property Law Act 1928 (No. 3754), s137.

Landlord and tenant - Costs - Prescribed premises - Mandamus to compel issue of warrant - Whether power to award prosecutor costs - Landlord and Tenant (Control) Act 1957 (No. 6098), s67(2).

Negligence - Lord Campbell's Act - Contributory negligence - Damages reduced - In same proportion as in action for personal injuries and damage to property - Wrongs Act 1928 (No. 3807), PtIII; Wrongs (Contributory Negligence) Act 1951 (No. 5594), s3.

Appeal - Practice - Point not taken below - Costs - Rules of the Supreme Court, O.LVIII, r4, r6.

Practice - Specially endorsed writ - Action for recovery of land - Against tenant "whose term has expired" - Termination of lease for breach of covenant not included - Rules of the Supreme Court, O.III, r4(f).

Landlord and tenant - Prescribed premises - Ground of notice to quit - Lessee's ability to obtain other premises - Must be shown that other premises available - Landlord and Tenant (Control) Act 1958 (No. 6098), s42(6)(x).

Real property - Registered land - Registered proprietor a mere volunteer - Whether title free from prior equities - Transfer of Land Act 1954 (No. 5842), s42, s43.

Negligence - Motor car - Unidentified motor car - Liability of nominal defendant - Notice required to be given to Minister of intention to make a claim and a short statement of the grounds hereof - Motor Car Act 1951 (No. 5616), s47 - Motor Car (Amendment) Act 1955 (No. 5915), s4.

Criminal Law - Sentence - Whipping - Offence "attended with or accompanied by cruelty or great personal violence" - Wounding with intent to inflict grievous bodily harm - Prisoner shooting at and wounding warder in course of escaping from gaol - Prisoner serving sentence of imprisonment for life - Function of appellate Court in reviewing sentence - If it thinks that a different sentence should have been passed" - Exercise of discretion - Practice - Appeal - Crimes Act 1928 (No. 3664), s508(d), s510, s512, s594(4) - Crimes Act 1957 (No. 6103), s476, s477, s478, s564(4).

Marketing of primary products - Eggs - Regulation - Prohibiting display of eggs for sale by retail unless a card as prescribed is displayed thereto - Whether regulation valid - Marketing of Primary Products Act 1935 (No. 4337), s43.

Will - Power of appointment - "For such person or persons institution or institutions corporation or corporations charitable and church purposes" - Whether power of appointment valid - Meaning of the words "charitable and church purposes".

Landlord and tenant - Certain leases of "business premises" free from rent control - If leased for purpose other than purpose of being occupied by lessee as dwelling-house - "Lessee" - Whether defined to include sub-lessees - Landlord and Tenant Act 1948 (No. 5264), s2(1); Landlord and Tenant Act 1953 (No. 5760), s3.

Joint Tortfeasors - Contribution - Appeal by unsuccessful defendant against judgment of plaintiff as to whether successful defendant liable to plaintiff in damages - Third party proceedings between defendants - Whether unsuccessful defendant competent to bring the appeal - Wrongs (Tortfeasors) Act 1949 (No. 5382), s2(1)(e) - Negligence - Invitor and invitee - Invitee an independent contractor - Whether duty of care imposed on invitors applies in the case of an invitee being an independent contractor.

Evidence - Legal professional privilege - Action against hospital - Report by employee relating to circumstances - Report obtained for purpose of obtaining legal advice on possible future litigation - Maker of report not anticipating legal proceedings.

Criminal Law - Judgment of death entered of record - Commutation - Order of Judge in conformity with pardon - Whether valid sentence of imprisonment - Habeas Corpus - Order of imprisonment made by judge of Supreme Court - Whether challengeable - Crimes Act 1928 (No. 3664), s65(1), s504, s505, s560, s561 - Crimes Act 1957 (No. 6103), s68, s473, s496, s497.

Administration and probate - Probate duties - Seat on Stock Exchange - Sold after testator's death - Proceeds of sale in hands of executors - Whether dutiable - "Property" - "Settlement" - Administration and Probate (Estates) Act 1951 (No. 5590), s2, s4(b)(ii), s4(d)(ii), s4(h)(i).

Practice - Verdict for plaintiff - Plaintiff's alternative rights under workers compensation - Right to adjourn motion for entry of judgment - Extent of liability of defendant in subsequent proceedings by employer - Workers Compensation Act 1951 (No. 5601), s62.

Practice - Verdict for plaintiff - Motion for judgment by defendant - Recovery by plaintiff of workers compensation after verdict - Evidence after verdict - Costs, where verdict for plaintiff, but judgment for defendant - Workers Compensation Act 1951 (No. 5601), s62.

Criminal law - Homicide - Accused acting in self-defence but using excessive force - May be manslaughter but not murder - Onus on Crown to prove that accused not acting in self-defence.

Will - Gift of estate "to be divided between my surviving children equally" - One child of testatrix survived her - Whether issue of deceased children take an interest - Whether contrary intention appears in the will - Wills Act 1928 (No. 3803), s31 - Wills (Amendment) Act 1947 (No. 5213), s2.

Divorce - Adultery - Husband's petition on ground that respondent has been guilty of adultery with the co-respondent - Finding that respondent had committed adultery with the co-respondent but no sufficient evidence to find that the co-respondent was guilty of adultery with the respondent - Co-respondent dismissed from the suit - Whether ground in the petition should be amended to allege adultery with a person unknown and to pronounce a decree accordingly.

Architects - Application to the Architects Registration Board for registration - Foreign qualification - Non-recognition by the Board as "a recognized certificate" - Appeal - Board performing an administrative function which is not examinable on appeal - Architects Act 1928 (No. 3638), s8 - Architects Act 1939 (No. 4659), s6.

Trial - Evidence - Witness for Crown - Evidence inconsistent with prior statement to police - Application to have treated as hostile.

Licensing - Adjournment of applications - After delivery of judgment - Before final order - To enable new application to be heard with old one - Mandamus - Point at which Court functus officio - Discretion of Court - Control of procedure - Licensing Act 1928 (No. 3717), s7, s61, s98(4), s289, s293.

Evidence - Burden of proof - Proof of exception or proviso - Evidence as to special permit - Justices Act 1928, s214 - Motor Car Act 1951 (No. 5616), s32.

Criminal Law - Trial of accused - Admissibility of written confession - Confession obtained by a threat - What is a "threat" - Evidence Act 1928, (No. 3674), s141.

Limitation of actions - Application for leave to commence an action notwithstanding non-compliance with the Act as to notice - Whether failure to give the required notice was occasioned by mistake or by any reasonable cause - Limitation of Actions Act 1955 (No. 5914), s34.

Justices - Jurisdiction - "Board and lodging" - Includes electricity supplied - Justices Act 1928 (No. 3708), s64(4)(k) - Justices Act 1957 (No. 6082), s67(4)(k).

Sale of land - Contract - Contract subject to "bank finance" - Uncertainty - Whether term severable - Action for recovery of deposit paid.

Criminal law - Evidence - Driving under influence of liquor - Admissibility of opinion evidence - Crimes Act 1957, s319.

Practice - Jury trial - Foreman of jury related to and friend of witness for defendant - Judge becoming aware during trial - Witness's evidence in conflict with evidence for plaintiff - Whether jury should be discharged.

Landlord and tenant - Prescribed premises - Notice to quit - On ground that required for beneficiary - Whether "beneficiary" has unrestricted meaning - Landlord and Tenant Act 1948 (No. 5264), s37(5)(i) - Landlord and Tenant (Amendment) Act 1955 (No. 5884), s12 - Landlord and Tenant (Control) Act 1957 (No. 6098), s42(6)(i).

Will - Construction - Validity - Rule against Perpetuities - Intention of testator - "Children" - Context showing intention to restrict meaning to children in being at date of will.

Principal and agent - Sale of land - Agent in fact authorized to sell - Not authorized in terms of Statute - Sale note signed by agent - Whether liable to purchaser for breach of warranty of authority - Authority to sell for cash - 90-day contract - Scope of authority - Sale note in form purporting to be receipt to purchase for deposit - Whether a contract binding on principal - Instruments Act 1928 (No. 3706), s128, s129.

Workers Compensation - Negligence - Personal injury arising out of or in the course of the plaintiff's employment - Weekly payments to plaintiff - Action based on negligence - Whether employer liable to pay compensation under the Act by reason of payment of the weekly payments - Whether employer liable to pay damages independently of the Act - Workers Compensation Act 1951 (No. 5601), s5 - Workers Compensation Act 1953 (No. 5676), s14.

Transport Regulation - Fees paid under protest - Claim for recovery of moneys paid under invalid Act - Payment to government - Act invalid under s92 of Constitution - Whether payments voluntary - Transport Regulation Act 1933 (No. 4198), s34, s45.

Criminal law - Appeal - Cross-examination of accused at trial - Suggesting want of good character - Although character not put in issue by accused - Acquaintanceship with notorious person denied by accused - Questions relevant and therefore admissible - No miscarriage of justice.

Criminal Law - Justices - Court of petty sessions - Jurisdiction where defendant pleads guilty of larceny - Value of property over 25 pounds - No power to grant common law bond - Crimes Act 1957 (No. 6103), s77.

Pauper - Right to appear as defendant - Order to review criminal proceeding - Inherited jurisdiction of Supreme Court - Jurisdiction of Supreme Court under Supreme Court Act 1928 (No. 3783), s15, s23 - Poor Persons Legal Assistance Act 1928 (No. 3751) - Crimes Act 1928 (No. 3664), s532, s592, s593, s601 - Supreme Court Rules O.XVI, r22, et seq.

Police Offences - Wilful damage to property - Any member of public can lay information - Who may be informant - Police Offences Act 1957 (No. 6069), s20(3), s190.

Licensing - Permit to supply liquor with meals - Every door to dining room to be kept unlocked while meal being served - Meaning of "meal", "door", "access" - Licensing Act 1928 (No. 3717), s43(4).

Health - Smoke regulations - Validity - Meaning of "dense", "opaque", "black" - Health officer may lay information - Health Act 1928 (No. 3697), s34(j), s38 - Health Act 1956 (No. 6024), s43(j), s47, s435.

Service and Execution of Process - Extradition - Warrant of apprehension - Provisional warrant - Appeal - Unjust or oppressive to return the person - Order to review by a judge of Supreme Court in chambers - Procedure - Commonwealth Service and Execution of Process Act 1901-1953, PtIII, s18, s19 and s194.

Divorce - Jurisdiction - Petition under PtIIIA of Commonwealth Act - Wife petitioner possessing a residential qualification of three years' duration in Victoria as required by PtIIIA of the Commonwealth Act and also domiciled in Victoria - Whether petitioner can invoke Federal jurisdiction or is limited to State jurisdiction - Commonwealth Matrimonial Causes Act 1945-1955, PtIIIA - Marriage Act 1928 (No. 3726), s75.

Workers compensation - Jurisdiction - Injury received within jurisdiction - Proceeding to employment outside jurisdiction - Contract of employment made outside jurisdiction - "Worker" - "Remuneration exceeding 1250 pounds a year" - Earnings from other employers during year - Workers Compensation Act 1951 (No. 5601), s3(1), s5(1), s8(2)(b), s56(3).

Will - Construction - "To the Zelman Memorial Symphony Orchestra...for so long as such orchestra shall in the opinion of my trustees...remain a properly constituted body actively engaged in the playing of orchestral music" - Charity - Most but not all of the objects of the orchestra charitable - Whether the gift of income to the orchestra is a valid charitable gift - Rule against perpetuities - Operation of s131 of the Property Law Act 1928 - Whether the words limiting the gift of income are a condition precedent or subsequent - Property Law Act 1928 (No. 3754), s131.

Evidence - Cross-examination directed to show that material facts suppressed from solicitor - Evidence of solicitor of conversation with defendant's solicitor regarding material facts - Whether conversation admissible.

Practice - Summons for final judgment - Supplementary affidavit in support may be relied on - Rules of the Supreme Court, O.XIV.

Criminal law - Consent of law officer necessary before further proceedings taken - Consent tendered and admitted after the close of the Crown case and in absence of the jury - Whether a question for the trial judge or for the jury - Crimes Act 1928 (No. 3664), s307(6) - Crimes Act 1957 (No. 6103), s317(6).

Criminal law - Police offences - Defendant charged with being found armed with an offensive weapon - "Found armed" and "offensive weapon" - Police Offences Act 1957 (No. 6069), s69(1)(f).

Licensing - Clubs - Prohibition against selling liquor on Sundays - "Inmates" exempted - Meaning of "inmates" - Licensing Act 1928 (No. 3717), s266(1) - Licensing Act 1953 (No. 5767), s31.

Public Trustee - Duty of Public Trustee to care protect and manage estates of patients - Patient provided with food clothing and shelter by the Department of Mental Hygiene - Maintenance not paid by Public Trustee before death of patient for the purpose of discharging liabilities of the patient to be drawn for patient's maintenance - Public Trustee Act 1939 (No. 4654), s30(1)(n), s32, s43, s45, s52, s53, s56, s63.

Contract - Sale of land - Town and country planning - Part of system of local government - Special condition in contract of sale of land that builder to erect dwelling "in conformity with local government regulations" - Must procure permit as provided by interim development order - Whether special condition collateral to sale of land - Whether merged in conveyance - Undertaking to procure permit to be implied - Representation made to induce to carry out contract - Whether available as cause of action.

Partnership - Option to purchase interest of deceased partner - Nature of exercise of option - Manner of exercise - Must be unequivocal - Time of exercise.

Workers Compensation - Amount of compensation - Dependent wife - Wife dependent at time of injury - Ceasing to be dependent before hearing - Workers Compensation Act 1951 (No. 5601), s9(2), s56(3).

Practice - Action under Wrongs Act 1928, PtIII - On behalf of widow and children of deceased person - Compromise of action - Application to amend by striking out names of children - So that children may share in workers compensation award - Workers Compensation Act 1951 (No. 5601) - Wrongs Act 1928 (No. 3807), PtIII.

Negligence - Contributory negligence - Apportionment of blame assessment of damage - When appellate court will interfere - Apportionment which no reasonable jury could have made - Wrongs (Contributory Negligence) Act 1951 (No. 5594),

Divorce - Permanent maintenance - Appeal from Master - Practice - Material for judge - Appeal is on inquiry de novo - Judge to exercise discretion himself - Re-marriage of guilty husband - Whether order should be made and, if so, extent of permanent maintenance that ex-husband to pay - Matters to be considered - Marriage (Divorce) Act 1933 (No. 4210), s5(1); Rules of the Supreme Court, O.LIV, r1D; Ch. II, r86.

Motor car - Unidentified motor car - Liability of nominal defendant - Proviso requiring notice to Minister of intention to make claim - "Short statement of the grounds" of claim - Particularity required in notice - Motor Car Act 1951 (No. 5616), s47(1).

Landlord and tenant - Prescribed premises - Determination of fair rent - Factors to be considered - Capital value of the premises in the locality - Capital value means market value - Rents of comparable premises in the locality let for purposes different from the purpose for which the subject premises are let - Landlord and Tenant Act 1948 (No. 5264), s21(a)(e) - Landlord and Tenant (Control) Act 1957 (No. 6098), s24.

Landlord and tenant - Prescribed premises - Determination of fair rent - Whether Board must give effect to specified matters - Applicant ceasing to be lessee before determination - Whether determination can be made - Appeal to Supreme Court - Whether proper for magistrate to file affidavit - Nature of function of Fair Rents Board - How far appeal lies - Landlord and Tenant (Control) Act 1957 (No. 6098), s17, s19, s20, s24.

Husband and wife - Agreement wherein wife covenants not to claim maintenance - Covenant invalid as contrary to public policy - Whether severable.

Negligence - Motor collision - Claim by husband and wife - Counter-claim by defendant against husband - Both husband and defendant negligent - Defendant can recover proportionately against husband in respect of wife's judgment - Wrongs (Tortfeasor) Act 1949 (No. 5382), s2(1).

Costs - Action of tort - Collision case - Husband and wife as plaintiffs - Wife recovers more than and husband recovers less than 500 pounds - Husband entitled to Supreme Court costs - Rules of the Supreme Court, O.LXV, r12.

Criminal law - Evidence - Defence of accident - Self-defence not raised - Evidence of prior violent character and conduct of deceased.

Limitation of actions - Against public authorities - Failure to give statutory notice - Power in Court to grant leave to bring action - Where failure "occasioned by mistake" - "Or by any reasonable cause" - Mistake of law included - Whether ignorance of requirement can constitute reasonable cause - Mental inertia as reasonable cause - Limitation of Actions Act 1955 (No. 5914), s34.