Administration and probate - Testator's family maintenance - Application by adult son - Testator's estate very large - "Adequate provision for the proper maintenance and support" - Whether statements made by the testator during his lifetime concerning his relationship with the applicant are admissible in evidence - Administration and Probate Act 1958 (No. 6191), s91, s95, as amended by Administration and Probate (Family Provision) Act 1962 (No. 6920).

Partnership - Taking accounts on dissolution of partnership - Particular partnership transactions in contravention of law - Whether partner entitled to an account in respect of illegal transactions - Partnerships themselves not illegal - Proceeds to be brought into partnership accounts although profits derived from illegal partnership transactions - Game Act 1958 (No. 6258), s8, s9 - Quarantine Act 1908-1961 (Com.), s13.

Matrimonial causes - Ancillary relief - Application by respondent successful on cross-petition for settlement on herself and two children of the marriage - Whether application can be made by amendment of cross-petition - Matrimonial Causes Act 1959 (Com.), s5, s68(3), s85(2), s86, s87 - Matrimonial Causes Rules 1960, r198.

Matrimonial causes - Successful cross-petition by husband on ground of wife's adultery - Wife granted custody of children of marriage - Wife now married to party cited - Religious upbringing of children of the marriage - Father's wishes not to prevail unless it is in the interests of the children - Matrimonial Causes Act 1959 (Com.), s85.

Local government - By-law - Power to prohibit noises in public highways - By-law prohibiting the using, operating and working of any amplifier without the consent of the council in or adjacent to any public highway - Noise - Amplifiers - Reasonableness and oppressiveness - Validity - Local Government Act 1958 (No. 6299), s197(1)(xxi).

Practice - Damages - Costs - Payment into court - Workers compensation - Judgment for amount of verdict less compensation paid - Compensation repaid to employer after verdict - "Amount received" - "Payments of compensation...made" - Workers Compensation Act 1958 (No. 6419), s79(3), as amended by Act No. 7292.

Trade secrets - Confidential information obtained by employees during employment - Use of such information to set up in competition to former employer - Master and servant - Breach of confidence.

Damages - Assessment - Apportionment between dependants of deceased - Excessive total amount - Consideration of individual awards - Wrongs Act 1958 (No. 6420), s16.

Health - Sale of adulterated food - Food taken for analysis - Division into three parts - Part retained for comparison sent for analysis - Part retained in deteriorated condition - Compliance with condition as to retention precedent to conviction - Health Act 1958 (No. 6270), s281, s297.

Practice - Costs - Plaintiff suing in forma pauperis - Plaintiff succeeds against one defendant, fails against other - Costs of successful defendant - Whether order over should be made or order that unsuccessful defendant pay successful defendant - Discretion - "Bullock" order - "Sanderson" order - Rules of the Supreme Court, O.LXV, r1.

Criminal law - Procuring any woman under the age of 21 years to have carnal connexion with any other person or persons - Ingredients of offence - Real influence required - Activity of accused must be a necessary cause of the intercourse which took place - Crimes Act 1958 (No. 6231), s56(1)(a), [S56(1) of the Crimes Act 1958 as amended by s2(a)(i) of the Prostitution Act 1961 (No. 6761), reads - "Whosoever (a) procures or attempts to procure any woman or girl under the age of twenty-one years to have carnal connexion within or without Victoria with any other person or persons... shall be guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than five years."] as amended by Prostitution Act 1961 (No. 6761), s2.

Administration and probate - Testator's family maintenance - Character or conduct of applicant disentitling - Failure to practise or adhere to a particular religion - Administration and Probate Act 1958 (No. 6191), s96(1).

Wills - Construction - Residuary legatees dying after testator but before life tenant - Vesting - Transmissible interest - "Absolutely vested interest."

Police offences - Common gaming house or place - Betting - Seizure of instruments of gaming - Power to order the retention of instruments of gaming - "Dealt with according to law" - "Capable of being used in conducting...betting" - Police Offences Act 1958 (No. 6337), s85, s126(1).

Justices - Court of petty sessions - Jurisdiction - Special default summons - Amendment to include unliquidated claim - Amendment of particulars of demand - Justices Act 1958 (No. 6282), s68, s102, as amended by Justices Act 1963 (No. 7086), s5(a).

Stamp duty - Will - Expression of desire not precatory trust - Deed of arrangement - Deed disposing of testator's estate differently from will - "Deed of settlement" - Property "settled or agreed to be settled" - Stamps Act 1958 (No. 6375), Third Schedule, Heading IX(1).

Contract - Building contract - "Completion of the works" - Substantial completion - Default of purchaser - Failure of contractor to complete works - Trusts and trustees - Solicitor handing to client documents while trustee thereof for another.

Damages - Onus of proof - Aggravation or acceleration of pre-existing injury - Hysteria or depressive condition attributable to injury - Ultimate onus is on plaintiff to prove his injuries and their cause.

Real property - Torrens system - Joint tenancy - Severance - Mortgage of interest by co-owner joint tenant - Transfer of Land Act 1958 (No. 6399), s74, s81.

Will - Gift of residue - Postponed to life interest - Directions for substitution and accrual - Time of vesting - In interest or possession - Divestment.

Husband and wife - Matrimonial property - Presumption of joint tenancy - Intention of parties - Effect of deed of property settlement executed by wife - Non est factum - "Disposition of property" - Court's discretion - "For the purpose of giving effect to any order made under this section" - Marriage Act 1958 (No. 6306), s133, s142 and s161 - Marriage (Property) Act 1962 (No. 6924).

Will - Evidence - Property to "daughter Mavis" born of son's "present wife Edith" - Son with no wife of that name and a child Lillian Mavis of first marriage and an adopted child Mavis Joy in the second marriage - Will made at time of second marriage and adoption not known to testator - Whether gift void for uncertainty - Intention of testator - Surrounding circumstances examined.

Criminal law - Trial - Undue involvement or interference by the judge - Detailed and extensive examination of witness by judge - Judge's direction to jury - Extent to which judge may express his own opinion on evidence - Failure to give jury any adequate warning that the jury were not bound by his comments on the facts - Crimes Act 1958 (No. 6231), s568(1).

Local government - Rating appeal - Case stated by County Court as to jurisdiction to hear appeal - Notice of objection insufficient - Objection not taken by council to notice - Waiver of right to object - Local Government Act 1958 (No. 6299), s286, s288, s289, s303, s304, s305, s308 - County Court Act 1958 (No. 6230), s76(1).

Infant - Custody - Parent and child - Habeas corpus - Right of parents - Welfare of child - Marriage Act 1958 (No. 6306), s133.

Money lender - Non-compliance with statutory requirements - "Delivery" of note or memorandum of the contract - Note or memorandum to show the rate of interest charged - Extension of time for repayment of loan - Interest - Effect of extension agreement and requirements of the Act - Requirement to supply to borrower on demand particulars of loan, etc. - Failure to supply particulars - Materiality of omission - Money Lenders Act 1958 (No. 6324), s23, s30 - Money Lenders (Amendment) Act 1961 (No. 6819), s5. Instruments - Non-compliance with statutory requirements of registration - Bill of sale - Chattel mortgage - "Assurance of personal chattels" - Instruments Act 1958 (No. 6279), s32, s35.

Local government - Acted as councillor - Qualifications of councillor - "Liable to be rated" - Occupier - Owner living in premises - Owner living with occupier- -Local Government Act 1958 (No. 6299), s51, s56.

Elections - Injunction - Candidates in election seeking injunction to restrain rival candidates from infringement of Electoral Act - No legal interest and standing sufficient to enforce penal provisions of Act - Commonwealth Electoral Act 1918-1966 (Com.), s154, s155, s161, s162, s164BB.

Local government - By-law - Construction - Exception - Ingredient of offence - Onus of proof - Justices Act 1958 (No. 6282), s219. Evidence - Admission on behalf of company - Admissions by manager and secretary - Authority of managing director.

Evidence - Similar statement made previously - Principles governing admissibility - Suggestion of recent invention.

Criminal law - "Escape" - Intention - Necessity for concurrence of act and intention - Ingredients of offence by statute and at common law - Legal custody - Actual custody - Gaols Act 1958 (No. 6259); s14, s18, s35.

Matrimonial causes - Divorce - Adultery by wife - Claim for damages against co-respondent - Co-respondent not domiciled or resident in jurisdiction - No submission to jurisdiction - Adultery committed outside jurisdiction - Damages for adultery - Matrimonial Causes Act 1959 (Com.), s44, s45.

Estate agent - Licensed estate agent employed by another estate agent - Claim for commission from employer - "Estate agent" - "Sub-agent" - Estate Agents Act 1958 (No. 6245), s3, s10(2), s32, s33(1) - Estate Agents Act 1962 (No. 7012), s10. Labour and industry - Holiday pay - Special complaint for holiday pay - Exclusive remedy under statute - Alternative common law right taken away - Amendment of summons not proper - Labour and Industry Act 1958 (No. 6283), s149(1) - Justices Act 1958 (No. 6282), s68(1).

Motor car - Driving a motor car while percentage of alcohol in blood more than .05 - Breath test - Doubt as to whether test taken within two hours of alleged offence - Breath test though taken more than two hours after alleged offence may be admissible - Motor Car Act 1958 (No. 6325), as amended by Motor Car Act 1965 (No. 7327), s2(a) - Crimes Act 1958 (No. 6231), as amended by Crimes Act 1965 (No. 7237), s3(b).

Companies - Winding up - Disclaimer of onerous property - Form of disclaimer - Review by court of liquidator's decision to disclaim - Relevance of approval of committee of inspection - Lease - Assignment - Effect of disclaimer by liquidator on obligations of original lessee - Effect of disclaimer on guarantees of assignee's obligations to lessor and lessee - Rights of lessor and lessee - Companies Act 1961 (No. 6839), s274, s279, s296. Guarantee - Liability of surety - Effect of termination of principal's liability.

Criminal law - Rape - Assault with intent to rape - Evidence of subsequent voluntary act of intercourse with accused admissible - Alternative verdict of assault with intent to commit rape.

Damages - Claim for medical expenses as special damages - Workers compensation - Common law action against employer - Workers Compensation Act 1958 (No. 6419) (as amended by Act No. 7292), s5(2), s26, s62(1), s63, s79.

Motor car - Weight - Refusal to allow officer of Country Roads Board to weigh timber jinker - No evidence that weighing devices were approved - Motor Car Act 1958 (No. 6325), s36 (as amended), s93(1)(f) - Motor Car Regulations 1952, PtVI, reg217.

Charitable trusts - Transfer of land subject to condition that it be used for certain purposes by municipality - Whether condition subsequent or charitable trust - "Garden park or reserve for the use of the public or for municipal markets or other similar properties" - Right of re-entry if condition broken - Invalidity of right of re-entry exercisable beyond the perpetuity period - Charitable trust unaffected.

Companies - Company under official management - Proceedings commenced without leave against company under official management - Proceedings not void, only suspended - Leave to proceed against company after official management ended and company being wound up - Companies Act 1961 (No. 6839), s199, s230(3), s291(1), s292(5) - Bankruptcy Act 1924-1965 (Com.), s81(1), s84(1A).

Motor car - Collision in Victoria - Third-party policy issued in Darwin under Northern Territory Ordinance - "Authorized insurer" - Not "contract of insurance under this Division" - Whether cause of action created by foreign statute is justiciable in Victoria - Motor Car Act 1958 (No. 6325), s21, s38, s39, s42, s46, s48, s49, s51 - Motor Vehicle Ordinance 1949-1962 (NT), s59. Practice - Amendment statement of claim to include claim pursuant to Northern Territory Ordinance - Limitation of actions period expired - Rules of the Supreme Court, O.XXV, r4 - Limitation of Actions Act 1958 (No. 6295), s5. Private international law - Jurisdiction - No jurisdiction to extend time for the giving notice under Northern Territory Ordinance - Action to enforce personal right.

Stamp duty - Contract of sale of real and personal property - Consideration divided between real and personal property - Transfer of land - Consideration stated for land inadequate - Consideration stated for personalty adequate - Transaction one and unseverable - Deed of gift - Instrument dutiable as deed of gift as to full value of land and personalty - Stamps Act 1958 (No. 6375), s21(2), s22(a), s32, s36, s84(2), s87, Heading IX of the Third Schedule.

Town and country planning - Determination by responsible authority - Appeal to Minister - Jurisdiction of court to determine validity of appeal - Validity of notice of appeal - Service of notice of appeal - Whether the applicant was an objector - Authorization of notice of appeal - Statement of grounds of appeal in notice - Town and Country Planning Act 1961 (No. 6849), s18, s19, s20, s21, s22.

Probate duty - Notice of objection to assessment - Whether one of several executors may object and appeal - Whether beneficiary of notional estate may object and appeal - Right to object and appeal in respect of notional estate - Gift inter vivos - Shares in company - Consideration provided by deceased - Company controlled by deceased - Criteria determining control - Shares assessed for duty in respect of insufficiency of consideration only - Dividends - Interest - Whether appeal lies against assessment of interest - Power of court to increase assessment of duty and of interest - Probate Duty Act 1962 (No. 6890), s4, s7, s11, s19, s25, s26, s27 - Acts Interpretation Act 1958 (No. 6189), s17.

Practice - Order for preservation of property - Rules of the Supreme Court, O.L, r3 - Marketing of Primary Products Act 1958 (No. 6304), s25 - Marketing of Primary Products (Tobacco Leaf) Act 1963 (No. 7094), s3.

Companies - Prospectus - Authorizing issue of prospectus - Prospectus containing untrue statements - Particulars of untrue statements - Information - Duplicity - Companies Act 1958 (No. 4655), s43 - Justices Act 1958 (No. 6282), s88.

Workers compensation - Injury - Weekly payments - Lump sum for schedule injury - Partial incapacity - Entitlement of worker to weekly payments for partial incapacity in addition to lump sum - Workers Compensation Act 1958 (No. 6419), s5, s9, s11.

Criminal law - Sentence - Court not empowered to fix minimum sentence - Full Court has no power to fix minimum sentence - Crimes Act 1958 (No. 6231) (as amended by Act No. 6572 of 1959, Act No. 6651 of 1960, Act No. 7269 of 1965), s500, s506, s534, s537A.

Maintenance of action - Unsuccessful action by "infirm" person whose affairs under the control of the Public Trustee-Unsuccessful plaintiff desirous of appealing - Unable to do so because of absence of funds - Agreement between "infirm" person's friend and the Public Trustee that the friend pay all costs of the appeal to certain limit - Whether this agreement amounted to unlawful maintenance.

Cemeteries - Vault - Burial place - Whether structure built above the ground with wall recesses for bodies a vault - Cemeteries Act 1958 (No. 6217), s18, s21(1) - Cemeteries Regulations 1965, reg5.

Criminal law - Murder - Defences at trial of non-insane automatism, absence of necessary intent and provocation - Issue of insanity not raised by defence - Trial judge under no duty to put issue of insanity to jury - Defence of insanity cannot be raised on appeal - Whether directions of trial judge as to provocation and manner of death adequate - Whether alleged provocation "would" or "could" or "might" cause loss of self-control - Admissibility of photographs of deceased considered - Crimes Act 1958 (No. 6231), s420, s569(4), s574(b).

Companies - Cumulative preference shareholders - Winding up - Right to arrears of dividend from surplus of assets.

Negligence - Liability of occupier - Liability of employer - Duty to make premises reasonably safe for employee - Safe system of working - Damages - Employer and employee - Nurse slipping on floor in accommodation provided by hospital - Invitor and invitee.

Statutes - Retrospective operation - Procedure - New procedures introduced by amending Act - Local Government Act 1958 (No. 6299), s834 to s850 - Valuation of Land Act 1960 (No. 6653), s26 - Valuation of Land (Appeals) Act 1965 (No. 7367), s2.

Criminal law - Sentence of death - Injunction restraining execution pending appeal to Privy Council - Reprieve - Crimes Act 1958 (No. 6231), s485.

Criminal law - Sentence of death - Fresh evidence - Reprieve - Power of trial judge to grant reprieve.

Criminal Law - Accessory after the fact to felony - Lack of intent - Duress - Defences not put - Evidence not related to directions of law - Nature and extent of defence of duress.

Local government - Cultural and recreational lands - Unincorporated body - Lands held for an estate in fee simple - Mode of determining whether a body exists for the purpose of providing "sporting or recreational facilities" - Mode of determining whether land is used for "sporting or recreational purposes" - Cultural and Recreational Lands Act 1963 (No.7101), s2, s3, s4.

Criminal law - Bail - Revocation of bail - Alleged offences committed whilst accused on bail - Strong prima facie case in respect of each charge - Accused committed for trial thereon - Accused with long record of prior convictions - Interests of the community to be considered.

Workers compensation - Case stated - Widow's claim in respect of deceased worker - Whether injury arose in the course of employment - Taxi driver leaving car to purchase a newspaper - Purchase not connected with employment but employer not objecting to worker leaving car for this purpose - Worker killed whilst crossing roads - Whether act done was incidental to employment - Workers Compensation Act 1958 (No. 6419), s5.

Evidence - Admissibility of document - Maker of statement in the document now deceased - Document containing opinion of maker - "Fact" - Evidence Act 1958 (No. 6246), s55.

Matrimonial causes - Custody - Report of welfare officer - Use to be made thereof by trial judge - Function of appellate court on appeal from exercise of discretion by trial judge - Matrimonial Causes Act 1959 (Com.), s5(1), s85(2).

Administration and probate - Practice - Allegation of lack of testamentary capacity - Propounder's right to split case - No splitting of case on issue where propounder has led some evidence - Rebutting case commenced - May not split rebutting case - Discretion of court to allow splitting of case.

Sale of land - Contract - Repudiation - Acceptance of repudiation - Anticipatory breach - Claim for return of deposit - Counter-claim for damages for loss on resale - Transfer of Land Act 1958 (No. 6399), Seventh Schedule, Table A, condition 6(1).

Damages - Special damages - Cost of hospitalization - Whether hospital can reassess patient in respect of past charges - Direction to jury - Hospitals and Charities Act 1958 (No. 6274), s70 - Hospitals and Charities (Liability of Patients) Act 1966 (No. 7455).

Matrimonial causes - Discretion statement - Power of court to grant leave to party to inspect prior to trial - Circumstances in which power will be exercised - Matrimonial Causes Rules 1960 (Com.), as amended, r164.

Companies - Liquidator's commission - Fixing by court - Discretion - Principles applicable - Companies Act 1958 (No. 6455), s170.

Trade name - Passing-off action - Proof of deception - Proof of damage - Common field of activity - Racing (Totalizators Extension) Act 1960 (No. 6619).

Criminal law - Sexual offences involving young female - No corroboration of evidence by prosecutrix - Inadequate warning given to jury of danger of convicting without corroboration - Jury should be told it should not convict unless thoroughly convinced - Miscarriage of justice - Crimes Act 1958 (No. 6231), s568(1).

Workers compensation - Increase in compensation payable - Retrospective operation - Whether award should be for higher amount provided by new legislation - New definition of "injury" - Heart disease - Coronary occlusions and myocardial infarctions causing, as a terminal event, a pulmonary oedema causing death - In hospital for medical and hospital advice, attention and treatment - Workers Compensation Act 1958 (No. 6419), s3, s5, s8, s9 - Workers Compensation (Amendment) Act 1965 (No. 7292), s2.

Trespass - Sewerage authority - Sewer laid across plaintiff's land - No previous acquisition of land or easement - Claim for damages and injunction - Only right is to be compensated for damage sustained - Sewerage Districts Act 1958 (No. 6368), s120(1)(i)(iii), s147.

Will - Administration - Trustees - Right of beneficiary to inspect trust document.

Sale of land - Contract - Vendor and purchaser - Purchaser in default in payment of rates - Rescission - Measure of damages recoverable by the vendor - Repayment of instalments of purchase price.

Hospital and charities - Incorporated institution - By-laws - Action for declaration that by-laws are invalid - By-laws declared invalid - Plaintiff relied on validity of by-laws in earlier proceedings - Estoppel - Approbation and reprobation - Locus standi of plaintiff - Hospital and Charities Act 1958 (No. 6274), s62, s64.

Workers compensation - Damages - Defence of election to take workers compensation - Worker unaware of alternative remedies or need to make a choice - Reimbursement of travelling and chemists' expenses - Election - Recovery - Statutes - Retrospective operation - Amendment - Workers Compensation Act 1958 (No. 6419), s5(2), s79(1) - Workers Compensation (Amendment) Act 1965 (No. 7292), s11.

Practice - Costs - Appeal - Security for costs - Appellants assisted persons under Legal Aid Scheme - "Poor persons" - "Assisted person" - In forma pauperis - Rules of the Supreme Court, O.58, r16 - County Court Act 1958 (No. 6230), s74 - Legal Aid Act 1961 (No. 6805), s4, s8.

Matrimonial causes - Settlement - Permanent maintenance - Previous settlement - Matrimonial Causes Act 1959-1966 (Com.), s84, s87.

Matrimonial causes - Divorce - Nullity - Void marriage celebrated before Commonwealth Act came into force - Jurisdiction to grant decree of nullity under Act - Bigamous marriage - Petitioner entitled to claim maintenance - Settlement - Matrimonial Causes Act 1959-1966 (Com.), s8(1), s18, s21, s22, s42, s83, s87.

Criminal law - Trial - Adjournment sought by counsel for accused to obtain instructions - Discretion of trial judge - Prejudice to defence - Denial of justice - Crimes Act 1958 (No. 6231), s568.

Appeal - Verdict regularly obtained - Fresh evidence available - Availability and character of evidence - Reason for non-production at trial - Likelihood that opposite result would have been obtained - Lack of diligence in procuring evidence for trial.

Constitutional law - Freedom of interstate trade - Selling milk not vested in the Milk Board - Milk produced in New South Wales - Milk brought from New South Wales and sold retail in Victoria - Interstate trade - Milk Board Act 1958 (No. 6318), s17(1) - Commonwealth of Australia Constitution, s92.

Criminal law - Evidence - Identification of accused - Police photographs - Prejudice to accused - Probative value - Discretion of trial judge.

Criminal law - Appeal - Insanity - Defence not relying on insanity - Medical evidence - Evidence of insanity - Duty of judge - Direction to jury.

Companies - Official management - Secured creditors - "Moneys available to the official manager" - Money due to secured creditor - Companies Act 1961 (No. 6839), s208(5), as inserted by Companies Act 1966 (No. 7391), s4.

Criminal law - Appeal against conviction - Alleged misdirection by trial judge - Standard of proof - "Balance of probabilities" - Beyond reasonable doubt" - Charge as a whole to be considered.

Local government - Hawkers and pedlers - Licence - Sale of live fowl - By-law prohibiting sale of animal or bird - "Agricultural produce" - Hawkers and Pedlers Act 1958 (No. 6269), s32, s36.

Criminal law - Manslaughter - Dangerous driving - Trial judge to decide whether dangerous driving resulted in death or bodily injury - Crimes Act 1958 (No. 6231), s318(1), s318(1A)(as enacted by Crimes (Dangerous Driving) Act 1966 (No. 7407), s2(b)).

Motor car - Breach of Road Traffic Regulations - Probationary licence - Cancellation of licence - Purported disqualification from obtaining a new licence for two weeks minimum period of disqualification - Motor Car Act 1958 (No. 6325) (as amended by Act No. 7073, s22B, s26.

Local government - Rating - Exemption - Land used exclusively for charitable purposes - Advancement of religion - Retreat house - Local Government Act 1958 (No. 6299), s251. Estoppel - Issue-estoppel - Previous action for declaration between same parties - Estoppel in rating and revenue cases - Each action concerned with use of land at time thereof - No evidence that use the same at time of each action - No estoppel in subsequent action.

Will - Bequest to wife for her maintenance - Subsequent deed of separation making provision for wife's maintenance - Ademption.

Negligence - Plaintiff a passenger in vehicle and also a co-owner thereof - Driver of vehicle the other co-owner - Whether contributory negligence of the driver to be imputed to passenger - Co-owner must be found to be driving in fact as agent for the other co-owner.

Companies - Investigation by inspector of company in liquidation - Refusal by former solicitor of company to answer questions on the basis of privilege - Waiver of privilege by liquidator - Waiver has no application in the operation of s367 of the Companies Act - Powers of a liquidator to waive privilege before an inspector - Advice given by a solicitor protected under s367 of the Companies Act - Companies Act 1961 (No. 6839), s168, s171, s236(2)(a) and s236(2)(k), s237(4), s258(2), s261(4), s367.

Criminal law - Motor car - Driving car whilst the blood alcohol content exceeded .05 per cent - Breath analysing instrument - Quantity of alcohol expressed in grams - Amount of blood expressed in volume - "Grams per 100 millilitres" expressed as a percentage - Motor Car Act 1958 (No. 6325), s81A(1) - Motor Car (Driving Offences) Act 1965 (No.7327) - Crimes Act 1958 (No.6231), as amended, s408A.

Practice - Writ claiming liquidated amount - Judgment in default of appearance - Judgment entered for sum in excess of amount owing at time of entry - Application to set judgment aside - Ex debito justitiae - Cross-application by plaintiff to amend judgment - Judgment set aside - Rules of Supreme Court, O.XXVIII, r11.

County Court - Remission to County Court from Supreme Court - Action beyond jurisdiction of County Court at date of issue of writ - Action within jurisdiction at date of application to remit - No power to remit - County Court Act 1958 (No. 6230), s37, s57 - County Court (Common Law Jurisdiction) Act 1966 (No. 7420), s2.

Workers compensation - Indemnity proceedings - Validity of Workers Compensation Board award cannot be challenged - Workers Compensation Act 1958 (No. 6419), s62(1)(b).

Statutory interpretation - Lifts and cranes - "So as to prevent as far as possible loss of life or bodily injury" - Reasonable precautions not sufficient - Conditional prohibition upon the use of such a crane - Lifts and Cranes Act 1959 (No. 6577), s11(3)(b), s19(1)(b).

Local government - By-law prohibiting sale of any articles specified in metropolitan hawker's licence in municipal district except during certain times - By-law beyond power and illegal - Statutory power to make by-law limited to prohibiting sale in any street, road or public place - Statutory interpretation - Whether use can be made of long title or preamble to restrict ambit of by-law - Ambiguity in by-law - Supreme Court Act 1958 (No. 6387), s178 - Hawkers and Pedlers Act 1958 (No. 6269), s3(a), s32(1), s36 - Local Government Act 1958 (No. 6299), s197(xxxiii).

Practice - Payment into court with an admission of liability - Second payment in with an admission of liability on the morning of the trial - Jury's verdict for amount less than money paid into court - Purported acceptance by plaintiff of money in court - Time for accepting money fixed by rules not expired - Whether money can be accepted after jury's verdict - Effect of payment into court with an admission of liability considered - Rules of the Supreme Court, O.XXII, as amended by SR No. 224 of 1965.

Mistake - Money had and received - Payment by bank of cheque made in ignorance of instruction to hold cheque - Cheque not countermanded - No mistake which was fundamental or in respect of the underlying assumption for the payment - No mistake between the plaintiff and the defendant.

Trustees - Will - Beneficiary entitled to income for life of unsound mind - Questions as to how income to be applied and paid - Beneficiary's affairs being looked after by sister - Application for appointment of sister as guardian ad litem - Whether trust should be varied and powers of trustee enlarged - Trustee Act 1958 (No. 6401), s63A - Trustee (Variation of Trusts) Act 1962 (No. 6915), s2.

Vendor and purchaser - Contract of sale - Uncertain condition - Severability - Intention of parties - Extrinsic evidence. Contract - Uncertain condition - Severability - Principles applicable.

Matrimonial causes - Ancillary relief - Lump sum maintenance for wife - Sum to be awarded considered - Application by petitioner to obtain payment of amount awarded - Orders sought that property be transferred to the petitioner and that certain transactions be set aside or that property be taken in execution - Means of effecting such transfer considered - Whether transactions made by respondent defeat an existing or anticipated order - Certain of the assets in respect of which orders are sought held as security by overseas bank against respondent's overdraft - Second mortgage held by overseas bank - Interests of such a third person to be considered - No intervention by overseas bank - No order which could be made to protect its interests - Matrimonial Causes Act 1959 (Com.), s84, s87, s88 (as amended by Act No. 99 of 1965), 120.

Workers compensation - Damages - Defence of election to take workers compensation - Worker aware of alternative remedies and need to make a choice - Compensation accepted after issue of writ - Reimbursement of travelling and chemists' expenses - Election - Recovery - Retrospective operation - Amendment - Workers Compensation Act 1958 (No. 6419), s5(2), s79(1) - Workers Compensation (Amendment) Act 1965 (No. 7292), s11.

Workers compensation - Weekly payments to worker - Refusal of worker to submit to medical examination required by the employer - Suspension of weekly payments - Workers Compensation Act 1958 (No. 6419), s27(2).

Damages - Remoteness - Nervous shock - Motor car accident - Plaintiff's anxiety and depressions resulting partly from being informed of mother's death in same accident - Whether damages recoverable.

Practice - Copy writ left with defendant's wife who on the same day handed it to the defendant - Non-production of original writ at the time of leaving writ with wife - Whether personal service effected - Application to enlarge the time for renewal of writ considered - Limitation period expired - Whether exceptional circumstances shown - Matters dealt with by the Court and not the Master - Special leave granted by the Court - Rules of the Supreme Court, O.VIII, r1; O.IX, r2, r9; O.XII, r17; O.LIV, r1E; O.LXIV, r6; O.LXX, r1.

Criminal law - Presentment containing three counts, two of which judge quashed - Motion to quash the counts the appropriate procedure - Carnal knowledge - Information laid but defendant discharged by court of petty sessions - Presentment subsequently in respect of charge contained in information - Presentment and notice of trial both out of time - Prosecution commenced by presentment or notice of trial - Justices Act 1958 (No. 6282), s62 - Crimes Act 1958 (No. 6231), s48, s51, s353(1) - Appeal Costs Fund Act 1964 (No. 7117), s13(1).

Trustees - Trust property - Application for leave to distribute trust property on basis that defendant is past age of child bearing - Presumption that woman is past child bearing - Adoption of Children Act 1964 (No. 7147), s32(1)(a), s33(1).

Justices - Order to review - Materials upon which granted - Time for obtaining order nisi - Proof of order of court of petty sessions - Procedure - Summons - Proof and sufficiency of service - Name of locality - Usage - Affidavit - Statements by eye-witness to best of information, knowledge and belief - Statements made after consulting notes prepared by person other than deponent - Setting aside order nisi - Justices Act 1958 (No. 6282), s155 - Rules of the Supreme Court, O.XXXVIII, r3, r10 and r14, and O.LXX.

Local government - Rating appeal - Case stated by County Court - Allegation of unfairness of rate - Jurisdiction of County Court to give relief to appellant on ground of unfairness of rate - Onus of first adducing evidence rests on respondent council - Council has onus of negativing grounds of appeal - Local Government Act 1958 (No. 6299), s281, s283, s289, s303, s304, s306 - Valuation of Land (Appeals) Act 1965 (No. 7276) s7 - Valuation of Land (General Amendment) Act 1965 (No. 7333), s11 - County Court Act 1958 (No. 6230), s76(1).

Appeal - New trial - Jury's assessment of damages - Inadequacy - Discretion of Full Court to order a new trial - Limited to damages - Imposing conditions - Apportionment - Wrongs Act 1958 (No. 6420), s26.

Appeal - Miscarriage of justice - Evidence - Tender of regulation - Regulation amended and partially repealed at relevant time - Unamended regulation tendered - New trial - Discretion of Full Court - Amendment - Notice of appeal - Additional ground of appeal - Leave to amend refused where additional ground would fail.

Administration and probate - Intestacy - Disappearance of next of kin more than seven years before intestate - Commorientes - Distribution of estate - Survivorship - Presumption of death - Whether s184 of the Property Law Act 1958 applies - Property Law Act 1958 (No. 6344), s184.

Administration and probate - Testator's family maintenance - Application by adult son, divorced wife and widow - "Adequate provision for the proper maintenance and support" - Principles to be applied to a claim by an adult son - Prima facie able to support himself - Relationship of father and son at date of death - Father's duty at that time - Son had commenced university course with father's help and support - Provision for divorced wife - Provision for payment out of estate of duty on notional estate - Administration and Probate Act 1958 (No. 6191), s91, s95, as amended by Administration and Probate (Family Provision) Act 1962 (No. 6920).

Administration and probate - Testator's family maintenance - Application to extend time within which to apply for further provision out of estate - Lapse of two and a half years since applicant obtained his majority and before application for extension - Principles to be considered - Merits of proposed action to be considered.

Practice - Dismissal of action for want of prosecution - Relevant matters in exercise of discretion considered - Prejudice occasioned to insurance company conducting defence - Realities of conduct of defence - Rules of Supreme Court, O.XXXVI, r12.