Practice - Writ for damages for negligence - Municipality joined as co-defendant - No leave given to bring action in Supreme Court - "Such action shall not be brought" - Summons for leave to bring action after issue and service of the writ - Local Government Act 1958 (No. 6299), s882(1), s882(2).

Contract - Carriage of goods - Goods lost in transit - Responsibility for loss - Exemption clause in contract of carriage - Construction.

Contract - Sale of goods - Supply and installation of oil heater - "Door to door" sales - "Sale...of goods" - Affixation of goods to the land - Door to Door (Sales) Act 1963 (No. 7091), s2, s3, s6.

Matrimonial causes - Husband's petition for divorce on ground of separation - Harsh religious beliefs of respondent - Claim for maintenance and a property settlement - "Harsh and oppressive" - "Any other reason" - Matrimonial Causes Act 1959-1966 (Com.), s37(1).

Criminal law - Rape - Intention to have intercourse without consent - Accused's belief that woman was consenting party - Onus of proof on Crown to prove intent.

Criminal law - Evidence - Undue weight - Admission of evidence after conclusion of judge's summing-up - Discretion to allow further evidence only in exceptional circumstances.

Specific performance - Existing judgment - Enforcement - Vesting order - Order directing Registrar of Titles to alter Register Book - All other remedies exhausted - Declaration that defendant a trustee - Trustee Act 1958 (No. 6401), s51(2), s57, 58 - Transfer of Land Act 1958 (No. 6399), s27, s28, s33, s41, s42, s103.

Matrimonial causes - Decree nisi ordering respondent to execute transfers and hand over duplicate certificates of title - Refusal by respondent - Committed for contempt - Direction to Registrar of Titles to cancel old and issue new certificates - All other means to be exhausted - Direction to Registrar without joining him as party - Matrimonial Causes Act 1959 (Com.), s88 (as amended by Act No. 99 of 1965), s120, s124 - Matrimonial Causes Rules, r10, r20, r259 - Transfer of Land Act 1958 (No. 6399), s103, s104(5) - Rules of the Supreme Court, O.XVI, r11; O.XLI, r5; O.XLII, r33; Divorce Rules, r152.

Town and country planning - Open-air car park - Permit not issued - Interlocutory injunction - Unlawful use of land - Nuisance - No private cause of action for breach of Act - Action on the case - Town and Country Planning Act 1961 (No. 6849), s19.

Statutes - Interpretation - Unlawful damage to "a drainage channel of an Authority" - "Drainage channel" - "Of any Authority" - Management and control of channel - Water Act 1958 (No. 6413), s377.

Practice - Application to substitute plaintiff - Appeal from Master's order - Additional evidence on appeal - Original plaintiff as misnomer or misdescription - Defendant must know or ought to have known - Statute of limitations - Supreme Court Rules, O.LIV, r16.

Liquor - Licensing - Disposal - Sale of liquor - Victualler's licence - Permit to sell between 10 p.m. and 11.30 p.m. - Bona fide meal - Substantial refreshments - Liquor sold for consumption with substantial refreshments - Intention of licensee relevant - Licensing Act 1958 (No. 6293), s8(1), s8(2) - Licensing Act 1965 (No. 7319), s2 - Liquor Control Act 1968 (No. 7695), s26.

Local government - Power of shire to enter lands and remove materials - Whether entry and excavations unlawful - Material not to be removed from a "park", "plantation", or within 50 yards of a "structure" - Local Government Act 1958 (No. 6299), s658, s659.

Administration and probate - Presumption of legitimacy - Presumption of paternity - Presumption of parenthood - No presumption of maternity - Maternity a question of fact.

Stamp duties - Settlement or gift - Exemption - Superannuation fund trust instrument - Beneficiary of fund one of several trustees of estate - Trustees administering large estate - Beneficiary acting as manager of estate affairs - Whether beneficiary an officer, servant or employee of trustee - Deed and supplemental deed - Material alteration - "Officer" - "Servant or employee" - Stamps Act 1958 (No. 6375), Third Schedule, Heading IX, Exemption (4).

Tort - Liability of Crown for alleged breach of duty - Foreseeability - Teacher and pupil - Damages for injury suffered by pupil in classroom scuffle - Teacher's duty to maintain discipline - Failure to maintain class discipline on earlier occasions irrelevant - Duty to intervene in classroom fight - Duty to prevent injury to pupil

Criminal law - Evidence - Identification - Warning as to acceptance of identification evidence - Dangers in relying on evidence of identification.

Practice - Motor-car - Actions consolidated - Cross-actions for negligence - Both defendants insured by same company - Separate legal representation party as plaintiff and as defendant - Rules of the Supreme Court, O.XIX, r15 - Wrongs Act 1958 (No. 6420), s26 - Motor Car Act 1958 (No. 6325), s47, s58.

Practice - Motor-car - Action by driver's widow against other driver - Subsequent action by other driver against administrator of deceased driver - Consolidation of actions - Estoppel - Supreme Court Act 1958 (No. 6387), s61(7) - Wrongs Act 1958 (No. 6420), s26 - Rules of the Supreme Court, O.XVI (A), r1(I)(c), O.XLIX, r3.

Local government - Authority to lay information - Prosecutions officer - Offences of a public nature - Power to prosecute as member of public - "An enactment administered by the municipality" - Summary Offences Act 1966 (No. 7405), s17, s56 - Local Government Act 1958 (No. 6299), s889 - Justices Act 1958 (No. 6282), s91.

County Court - Practice - Inherent and statutory power of County Court to strike out action for want of prosecution - Exercise of discretion - Inaction by plaintiff and defendant - Review by the appellate court of the exercise of discretion by the trial judge - Unavailability of witnesses - County Court Act 1958 (No. 6230), s37, s49, s78(6) - Supreme Court Act 1958 (No. 6387), s58.

Insurance - Motor vehicle - Comprehensive insurance - Claim for repairs - Exclusion clause in policy - Driver alleged to be under the influence of intoxicating liquor - Burden of proof - Appeal.

Practice - Stay of proceedings - Forum conveniens - Action brought vexatiously - Inconvenience and injustice to defendant - Inherent jurisdiction of court.

Companies - Liquidator of trustee company for debenture holders - Release of liquidator - Striking name of company off the register - Procedure - Notice - "Proceedings" - Companies Act 1961 (No. 6839), s366.

Criminal law - Appeal - Cross-examination as to prior convictions - Relevance - Evidence admissible but highly prejudicial - Discretion of trial judge - Miscarriage of justice - Crimes Act 1958 (No. 6231), s568(1).

Administration and probate - Show cause why will should not be proved - Inter- meddling in estate - Application by executors for administration with the will annexed - Renunciation by executor of probate - Administration and Probate Act 1958 (No. 6191), s15, s16.

Administration and probate - Intestacy - Validity of deceased's marriage - Wife's status at time of marriage - Disappearance of first husband - Whether first husband should be presumed dead - Presumption of continuance - Presumption of innocence of crime of bigamy - Presumption of death of first husband - Presumption of validity of marriage - Children of the deceased born before marriage - Registration of Births, Deaths and Marriages Act 1958 (No. 6356), s30, s31.

Companies - Retrospective operation of legislation - Ultra vires powers of company - Illegality - Unauthorized borrowing from non-shareholders - Loans agreements - Renewal of loan agreements - Companies Act 1961 (No. 6839), s20.

Company - Liquidation - Proof of debt by bankrupt rejected by liquidator - Company guarantor of bankrupt - Whether set-off available - Mutual dealings - Bankruptcy - Rule against double proofs - Companies Act 1958 (No. 6455), s175(5) - Companies Act 1961 (No. 6839), s237, s279 - Bankruptcy Act 1924- 1965 (Com.), s82.

Company law - Meeting of creditors - Resolution that company be placed under official management - Creditors' application for the cancellation of the resolution and petition to wind up the company - Estimate of time needed to pay off debts of company - "No reasonable prospect of the company being rehabilitated" - Companies Act 1961 (No. 6839), s211, as substituted by Companies Act 1966 (No. 7391), and s222.

Administration and probate - Testator's family maintenance - Application by divorced wife - "Adequate provision for proper maintenance and support" - Provision for divorced wife - Considerations relevant - Administration and Probate Act 1958 (No. 6191), s91, as amended by Administration and Probate (Family Provision) Act 1962 (No. 6920).

Public health - Adulterated food - Sale by employee - Employer and employee prosecuted - Defence of warranty - Defence of warranty not available to employee - Failure to serve notice of intention to rely on warranty on supplier - Warranty part of contract to supply goods - Health Act 1958 (No. 6270), s298, s300, s301.

Negligence - Illegal use of motor car by plaintiff and defendant - Ex turpi causa non oritur actio - Volenti non fit injuria - Public policy - Proof of conviction of offences as evidence in civil case - Evidence Act 1958 (No. 6246), s55, s56.

Matrimonial causes - Ancillary relief - Division of property - Appeal - Discretion order - Appellate court, function in reviewing discretionary order - Matrimonial Causes Act 1959 (Com.), s84, s86, s87.

Licensing - Declaration that premises are a house or place where liquor is sold without a licence authorizing such sale - Further affidavits filed by the applicant containing fresh material - Relevant only as to how the court's discretion should be exercised - Not admissible to show reasonable grounds for suspicion - Certificate of conviction admissible as evidence supporting the reasonable suspicion of the applicant - Licensing Act 1958 (No. 6293), s48.

Gaming - Declaration that premises are used as a common gaming house - Reasonable grounds for suspicion - Not necessary to show any particular game carried on - Further affidavit filed by applicant containing fresh material not admissible - Court's discretion - Lotteries Gaming and Betting Act 1966 (No. 7429), s51.

Damages - Sewerage authority - Statutory duty - Breach of duty - Negligence - Nuisance - Right of court to award damages at common law - "Do as little damage as possible" - "Full compensation" - "Damages under this Act" - Sewerage Districts Act 1958 (No. 6368), s147 (as substituted by Sewerage Districts (Amendment) Act 1966 (No. 7456).

Matrimonial causes - Surname of children after dissolution of parents' marriage - Matrimonial Causes Act 1959-1966 (Com.), s23, s85, s87.

Company law - Compulsory winding up - Summary application by official liquidator to recover money - Action by official liquidator to recover moneys - Jurisdiction - Court may grant summary relief - Discretion of court - Stay of proceedings - Inherent jurisdiction - Companies Act 1961 (No. 6839), s293.

Evidence - Admission of notes in evidence - Self-serving statements - Re-examination - Re-establishing credit in re-examination by written report.

Companies - Winding up - Majority of creditors opposing winding up - Just and equitable to wind up notwithstanding opposition of majority - Companies Act 1961 (No. 6389), s222, s289(1).

Criminal law - Case stated - Police offences - Vagrancy - Known thief loitering in a public place "with intent to commit a felony" - Intention to commit the felony but not until substantially later - Whether it must be intended to commit the felony at time of loitering - Vagrancy Act 1966 (No.7393), s7(1)(f), s7(2).

Criminal law - Imposition by untrue representation - Mens rea - Knowledge of servant attributable to company - Conversion to decimal currency - Duty of magistrate to give reasons - Crimes Act 1914-1966 (Com.), s29B.

Resumption and acquisition of land - Compensation - Assessment and matters affecting assessment - Factors in estimating compensation - "Solatium" - Acquisition under Local Government Act 1958 - Applicability of procedure under Valuation of Land Act 1960 - Non-applicability of principles of assessment under Valuation of Land Act 1960 - Proceedings for compensation- -Amendment of claim - Costs - Valuation of Land Act 1960 (No. 6653), s26, s29- -Local Government Act 1958 (No. 6299), s515, s834, s836, s850.

Land - Statutes - Acquisition of land - Compensation - Valuation of land - Relevant date for valuation - Notice to treat - Cost of valuation - Valuation of Land Act 1960 (No. 6653), s29 (as amended by Valuation of Land (Appeals) Act 1965 (No. 7276) s2 - Lands Compensation Act 1958 (No. 6286), s35 - Land Act 1958 (No. 6284), s332.

Liquor - Police control of houses used for selling liquor without a licence - Declaration that house or place used for sale of liquor without licence authorizing such sale - Form of notice of application for declaration - Contents of affidavit of support of application for declaration - Lotteries Gaming and Betting Act 1966 (No.7429), s51 - Liquor Control Act 1968 (No.7695), s115.

Negligence - Motor vehicle collision - Conflict of evidence - No "actual persuasion" of the facts - Proof on balance of probabilities - Claim and counter-claim dismissed - Burden of proof.

Motor car - Employee driving in manner contrary to Act - Responsibility of employer - "Permit" - Motor Car Act 1958 (No. 6325), s37H(2). Evidence - Admissions on behalf of company - Admissions made by person claiming to be managing director - Authority to make admissions - Identifying person making admissions with company.

Justices - Order to review - Order nisi obtained but excessive delay in prosecuting it - Order filed out of time - Discharge of order nisi for want of prosecution - Discretion - No decision on merits - No appeal from order of judge - "Any determination of a single judge" - Rules of the Supreme Court, O.54, r15; O.64, r6 - Justices Act 1958 (No. 6282), s155(3).

Practice - Action - Trial by judge alone - Application for trial by jury - Amended defence raising new issues - Discretion - Appeal from discretionary order - Error of law - Injustice if discretion not interfered with - Onus on applicant for trial by jury - Rules of Supreme Court, O.XXXVI, r7(a); O.LIV, r16.

Criminal law - Motor car - Blood alcohol exceeding .05 per cent - Breath test - Certificate in writing expressing result of test - Proof of contents of document - Notice to produce - Motor Car Act 1958 (No. 6325), s81A - Crimes Act 1958 (No. 6231), s408A.

Habeas corpus - Desertion from United States Army - Deserter not a member of a visiting force - Jurisdiction of Australian service authorities - "Visiting force" - Defence (Visiting Forces) Act 1963 (Com.), s19 to s23.

Damages - Motor vehicle - Restitutio in integrum - Mitigation - Principles applicable - Onus of proof - Expert witness - Hearsay - Jurisdiction of court of petty sessions - Abandonment of excess - Indemnity certificate - Justices Act 1958 (No. 6282), s68(1)(b), s85 - Appeal Costs Fund Act 1964 (No. 7117), s13.

Stamp duty - Deed of settlement - Duty assessed and paid - Supplementary deeds extending period of distribution of trust funds and modifying power to revoke trust - Whether original deed gave settlor a special power of appointment - Whether supplementary deed dutiable as a fresh deed of settlement - Rule against perpetuities - Stamps Act 1958 (No. 6375), s32, s33, s89, Third Schedule, Heading IX - Property Law Act 1958 (No. 6344), s61 - Administration and Probate Act 1958 (No. 6191), s17.

Justices - Inferior courts - Courts of petty sessions - Jurisdiction - Practice - Matter in which rights in future may be bound - Future rights - Ouster of jurisdiction - Parties - Infant - Necessity for next friend - Proceedings commenced without next friend - Whether a nullity - Amendment - Justices Act 1958 (No. 6282), s68, s83 - Justices Act Rules 1963, Ch. III, r20, r21, r140.

Infants - Legal proceedings - Actions by and on behalf of infants - Necessity for next friend - Proceedings commenced without friend - Whether a nullity.

Justices - Special summons - Particulars of complaint - Statement of place and bailiwick of cause of action - Not required in special summons - Default summons - Endorsement on summons contrary to rules - Not a nullity - Justices Act 1958 (No. 6282), s3, s20, s21(1), s102(3) - Justices Act Rules 1963, ch. III, r10(2)(a), r10(2)(d), r140.

Negligence - Acts defaults and omissions causing death - Under legislation based on Lord Campbell's Act - Measure of damage - Matters considered - Action by widow - Previous award of workers compensation to children of deceased in respect of same death - Fund held by Workers Compensation Board - Discretionary power in Board to make payments to widow - "Gratuity" - Workers Compensation Act 1958 (No. 6419), s9, s34, s62 - Workers Compensation Act 1965 (No. 7292), s5 - Wrongs Act 1958 (No. 6420), s19 - Wrongs (Assessment of Damages) Act 1966 (No. 7496), s2.

Workers compensation - Wrongs Act - Claim at common law by widow and one child of deceased - Damages assessed by jury - Award of workers compensation in favour of other child of deceased worker - Amount of award not to be deducted from damages in common law claim - Workers Compensation Act 1958 (No. 6419), s3(2), s5(2), s26, s62, s79(3)(b), as amended by Workers Compensation (Amendment) Act 1965 (No. 7292), s11(b) and s11(c).

Infants - Adoption of children - Application to discharge adoption order - Matters for consideration - "Exceptional reason" - "Welfare and interests of the child" - Adoption of Children Act 1964 (No. 7147), s16.

Administration and probate - Application for probate in solemn form of will and the contents of an envelope referred to therein - Whether application could be made by motion - Administration and Probate Act 1958 (No. 6191), s12(2)(b) - Administration and Probate Rules, r2, r17, r18, r41.

Motor car - Criminal law - Blood alcohol content exceeding .05 per cent - Breath analysis tests - Not at nearest police station - Admissibility of results - Motor Car Act 1958 (No. 6325), s81A, as amended by Act No. 7593, s13 - Crimes Act 1958 (No. 6231), s408A, as amended by Act No. 7546, s10.

Criminal law - Motor car - Blood alcohol content exceeding .05 per cent - Breath analysis test - Certificate of result of test - Original given to defendant not produced - Carbon copy admissible as primary evidence of contents of original.

Expert evidence - Admissibility - Hearsay - Function of Supreme Court on return of order to review - Motor Car Act 1958 (No. 6325), s81A - Crimes Act 1958 (No. 6231), s408A(1), s408A(2), s408A(2A) and s408A(3) - Crimes (Breath Analysing Instrument) Regulations 1967.

Highway - Cattle wandering - Proof of State highway - Map certified by Country Roads Board - Presumption of sealing on date indicated - Two maps read together - Country Roads Act 1958 (No. 6224), s17(1), s73(3)(a).

Road traffic - Right of way - Failing to give way - Vehicle on left - Danger of collision - Apprehension of danger - Reasonable driver - Impossibility of compliance with regulation - Regulation inoperative - Road Traffic Regulations 1962 (as amended), reg602(3).

Local government - Municipal election - Recount of ballot-papers by stipendiary magistrate - Power to engage assistance in recount - Irregularities in recount - Discretion of Supreme Court, notwithstanding irregularities - Local Government Act 1958 (No. 6299), s144(3), s145, s154, s156, s157.

Local government - Street construction - Objection to scheme - Sufficiency of notice - General nature of objections - Local Government Act 1958 (No. 6299), s577-s579.

Will - Charity - Charitable gift to religious order for its work at a named school - Religious order no longer carrying on such work at date of testatrix's death - Failure of gift - Application cy pres.

Mortgage - Marshalling of securities - Loan secured by first mortgage of land and assignment of life assurance policies - Second mortgage of land to secure advance by another lender - Default under first mortgage and land sold - Proceeds applied to satisfy all indebtedness to first lender - Whether proceeds of assurance policies could be applied to satisfy amount due under second mortgage - "Available in payment of his debts" - Life Assurance Act 1945-1961 (Com.), s87, s88, s90, s92(1).

Matrimonial causes - Maintenance pending suit - Wife living apart from husband for some years without claiming maintenance - Wife not necessarily disentitled - Principles applicable.

Health - Sale of adulterated food - Food purchased for analysis - Division into three parts - Part retained for comparison - No evidence of condition of part retained - Health Act 1958 (No. 6270), s281, s297.

Matrimonial causes - Divorce - Nullity on ground of prior marriage - Spouse absent for more than seven years - No presumption of death - False declaration of age of party to marriage - Marriage of minor - Irregularity does not invalidate marriage - Matrimonial Causes Act 1959-1966 (Com.), s18, s28(n), s38, s42, s47, s83 - Marriage Act 1961-1966 (Com.), s94 - Crimes Act 1928 (No. 3664), s61 - Crimes Act 1958 (No. 6231) s64.

Criminal law - Rape - Corroboration of complainant's allegations - Evidence of distressed condition of prosecutrix - Charge to jury - Miscarriage of justice - Crimes Act 1958 (No. 6231), s568(1).

Practice - Execution - Leave to issue execution where more than six years elapsed since judgment - RSC, O.42, r23.

Will - Interpretation - Meaning of words used to describe property - Admissibility of extrinsic evidence to explain words used.

Injunction - Nuisance - Interlocutory injunction - Principles - Prima facie case - Balance of convenience. Town and country planning - Permit wrongly granted - Right of action by persons affected - Not necessary to join Attorney-General in action - Town and Country Planning Act 1961 (No.6849), s17-s19, s24.

Local government - Street construction - Objections to scheme - Order that scheme be amended by court of petty sessions - Deletion of cost of relocating PMG pits and gas mains - Beyond council's power - Objection not taken at court of petty sessions - Estoppel - Order nisi to review - Local Government Act 1958 (No. 6299), s575, s576.

Lottery - Gaming - Sale of soft drinks with marked bottle tops - Additional marked bottle tops and tokens available free of charge - Competition - "Participant entitled gratuitously to participate" - All participants must be so entitled - Lotteries Gaming and Betting Act 1966 (No. 7429), s5(4)(b).

Criminal law - Admissibility of self-harming statements made by accused - Made when suffering from physical, mental illness - Legally compelled to make statements.

Criminal law - Procedure-Misdemeanour - Absence of accused through illness during part of proceedings - Power of court to proceed with trial in absence of accused - Right of accused to be present - Discretion of court.

Criminal law - Motor car - Blood alcohol content exceeding .05 per cent - Breath test - Evidence by authorized operator pursuant to s408(3)(b) - Standard alcohol solution - Cross-examination of operator showing he had no personal knowledge of constituents of solution used for testing - Prima facie case - Crimes Act 1958 (No. 6231), s408A, as amended by Act No. 7546, s10.

Local government - Trespass - Trespass by public authority - Trespass ab initio - Appropriate remedy to prevent recurrence to trespass - Declaration - Injunction - Matter raised on appeal which was not taken during trial - Local Government Act 1958 (No. 6299), s658(1), s658(1A).

Motor car - Insurance - Driver of other car not found - Claim for personal injuries against Insurance Commissioner - Notice of special defence - Time of bringing of action - Motor Car Act 1958 (No. 6325), s48(1) - Limitation of Actions Act 1958 (No. 6295), s5(6).

Criminal law - Offence dealt with summarily - Nature of offence - Indictable misdemeanour - Felonies and misdemeanours discussed - Firearms Act 1958 (No. 6251) (as amended by Act No. 7484), s32.

Licensing - Application for restricted hotel keeper's licence - Objectors - Submission by objectors at close of applicant's case - Commission's requirement that objectors elect - Refusal to elect - Commission's refusal to state a case and to sign certificate of such refusal - Order nisi to review - Prohibition - Mandamus - Liquor Control Act 1968 (No. 7695), s3, s10, s13, s14, s15, s16, s49.

Criminal law - Unlawful use of an instrument to procure a miscarriage- -Necessary to preserve the woman from serious danger - Honest and reasonable belief of accused - Act not out of proportion to danger to be averted - Onus of proof - Crimes Act 1958 (No. 6231), s65.

Building contract - Arbitration clause - Right of builder to be upon land - Licence - Termination - Arbitration clause - Determination of licence independently of terms of agreement - Stay of proceedings - Arbitration Act 1958 (No. 6200), s5. Injunction - Interlocutory - Relevant considerations - Actions by Crown. Crown - Lands vested in Minister - Right of Minister to grant and determine licences to be upon land - Public Lands and Works Act 1964 (No. 7228), s8.

Motor car - Unsatisfied judgment - A claim against insurer - Statute limiting liability to $4000 in respect of "any claim...made by or in respect of any passenger" - Claims by widow and children for death of husband - Whether liability of insurer limited to $4000 in respect of all such claims - Whether only one claim is provided for by the widow and children under the Wrongs Act 1958, PtIII - Liability of authorized insurer for costs - Motor Car Act 1958 (No.6325), s42, s46(2)(a), s47 - Motor Car (Compulsory Third Party Insurance) Act 1967 (No. 7648), s2(1)(a), s3(2) - Wrongs Act 1958 (No. 6420), s16, s17, s20-s22, s24 - Acts Interpretation Act 1958 (No. 6189), s17.

Judgment - Action based upon statute - Claim made for larger sum than that awarded - Whether interest allowed on judgment or costs - Whether claims were for debts or sums certain - Separate claims and the amount apportioned to each plaintiff not determined until judgment entered - Supreme Court Act 1958 (No. 6387), as amended by Act No. 6874 of 1962, s78-s79A.

Criminal law - Presentment for unlawful and indecent assault - Whether verdict of common assault available as alternative verdict - Defence of consent - Crimes Act 1958 (No. 6231), s55.

Weights and measures - Underweight goods - "Accident" - "Mistake" - Weights and Measures Act 1958 (No. 6414), s92, as amended by Act No. 7531.

Practice - Appearance - Entry of by mistake - Right of solicitor of his own motion to amend appearance or strike it from the record.

Criminal law - Motor car - Blood alcohol content exceeding .05 per cent - Breath analysis test - Certificate of result of test - Document purporting to be a copy - "Purporting" carbon copy not described as "copy" - Delivery of document to defendant after certification thereof - Whether impossible to comply with requirements of Act - Whether certificate admissible - Motor Car Act 1958 (No. 6325), s81A - Crimes Act 1958 (No. 6231), s408A, as amended.

Money lender - Joint and several covenant to repay - Statute requiring memorandum of contract to be signed by "the borrower", and copy to be sent to "the borrower" - Memorandum not signed by and copy not sent to all persons to whom money lent - Action against borrower who did sign and receive copy - Whether enforceable against such person - Subsequent amendment to legislation - Effect of - Provision affecting substantive rights - Money Lenders Act 1958 (No. 6324), s3, s23 - Money Lenders (Amendment) Act 1961 (No. 6819), s2, s5.

Criminal law - Appeal - Conduct of trial - Defence of alibi - Other evidence available to defence but not called - Decision of counsel not to call such evidence - Probability of "miscarriage of justice" - Crimes Act 1958 (No. 6231), s568(1).

Criminal law - Motor car - Blood alcohol exceeding .05 per cent - Breath test - Delivery of Schedule 7A certificate as soon as practicable - Information dismissed - Misdirection on part of stipendiary magistrate as to meaning and application of words "as soon as practicable" - Crimes Act 1958 (No. 6231), s408A, as amended by Act No. 7546, s10.

Criminal law - Larceny as a clerk or servant, fraudulent conversion and false pretences - Alleged false receipt and a document in similar handwriting lost by Crown after committal proceedings and before trial - Application by Crown after commencement of trial to lead secondary evidence, inter alia, of contents of both documents - Admissibility - Considerations affecting exercise of judge's discretion to admit such evidence - Evidence Act 1958 (No. 6246), s148.

Practice - Amendment - Endorsement on writ superseded by delivery of statement of claim - Application to amend statement of claim - Statute-barred cause of action sought to be introduced by amendment - Statement of claim relevant document - RSC, O.3, r1; O.18(A), r5; O.19, r4; O.20, r2.

Motor car - Driving with excess percentage of alcohol in blood - Driving under the influence - No evidence that driving done on a highway - Motor Car Act 1958 (No. 6325), s80B and s81A (as amended by Act No. 7593, s13) - Crimes (Driving Offences) Act 1967 (No. 7645), s5 and s7.

Administration and probate - Omission of phrase from will - Jurisdiction to grant probate of will textually different from that signed by testatrix.

Husband and wife - Property - Shares transferred by husband to wife - Intention - Jointly owned property - Creation of house thereon - Rights of parties - Scope of Court's discretion - "Just and equitable" - Marriage Act 1958 (No. 6306), s161 - Marriage Property Act 1962 (No.6924), s3.

Trusts and trustees - Duties of trustees - Shares held upon trust for beneficiary contigently upon his attaining 25 - Trustees holding other shares in own right - Trustees directors of company - Annual meeting called just before vesting of beneficiary's interest to prevent his exercising voting rights - Injunction to restrain. Companies - Directors - Shareholders - Shares held by directors on trust for beneficiary contigently upon his attaining 25 - Shares also held by directors in own right - Annual meeting called just before beneficiary's interest to prevent his exercising voting rights - Directors duties - Standing of beneficiary to apply for injunction.

Local government - By-law empowering council to require applicant for sand excavation permit to enter an agreement and pay royalties - Power to make by-law "for the purposes" of "prohibiting regulating or controlling excavation operations" - Whether by-law and agreement made thereunder invalid - Whether permit issued invalid - Severability of by-law and agreement considered - Whether agreement was one for the payment of a "composition" under s541 of the Local Government Act 1946 - Shire of Dandenong by-law 85 - Shire of Dandenong and Noble Park by-law 127 - Local Government Act 1946 (No. 5203), s197(1)(xxxv), s198, s334, s335, s534, s541 - Local Government Act 1958 (No. 6299), s197(1)(xxxv), s198, s336, s337, s535, s542.

Money had and received - Money paid under illegal agreement - Money paid voluntarily and not under coercion - Plaintiff's belief that money could not lawfully be demanded - Claim for repayment.

Acquisition of land - Claim for compensation against Housing Commission of Victoria - Claim by lessee for disturbance - Whether claimant "person displaced" - Whether inconsistency between provisions of the Lands Compensation Act 1958 and Housing Act 1958, s102 - Whether power to make ex gratia payments by Commission precludes claim for compensation pursuant to Lands Compensation Act - Valuation of Land Act 1960 (No. 6653) - Housing Act 1958 (No.6275), s99-s102 - Lands Compensation Act 1958 (No. 6286), s3, s59-s61.

Land compensation - Compensation consequent upon reservation of land under planning scheme - Limitation of right to claim - Which statute applicable - Statutory interpretation - Town and Country Planning Act 1961 (No. 6849), s41 and s42 - Local Government Act 1958 (No. 6299), s835 - Valuation of Land (Appeals) Act 1965 (No. 7276), s12 - Valuation of Land Act 1960 (No. 6653), s27.

Companies - Foreign company - Increase in capital in 1960 - Notice filed in 1965- What fees due to Registrar of Companies - Companies Act 1958 (No. 6455), s6(6), s9, s264, s296(2), s302 - Companies (Fees) Act 1960 (No. 6627), s3 - Companies Act 1961 (No. 6839), s4(1) and s4(2), s7(11), s347(2) and Second Schedule - Acts Interpretation Act 1958 (No. 6188), s7(2).

Probate duty - Interest of deceased in partnership - Partnership property outside Victoria - Whether "personal property" - Contrary intention - Probate Duty Act 1962 (No. 6890), s7(1)(b).

Road traffic - Parking infringement - Parking area "off-street" - Procedure under s12 - Defendant not electing to appear - Whether permissible for stipendiary magistrate to hear oral evidence as to alleged offence - Whether defendant deprived of right to challenge conviction - Road Traffic Act 1958 (No. 6359), s4, s12 - Road Traffic Regulations 1962, reg102, reg1101.

Probate duty - First Schedule - Assessment - Mode of assessing duty in relation to discretionary trust created by will - Successive interests - Probate Duty Act 1962 (No. 6890), s4, s6, First Schedule.

Road traffic - Traffic control signal - Signal jammed on red - Driver entering intersection against red light - Whether a signal "by which traffic capable of being controlled" - Road Traffic Regulations 1962, reg102 and reg401

Criminal law - Murder - Direction that charge against one accused was that of murder or nothing and that verdict of manslaughter not open - Whether manslaughter open upon the evidence - Such defence not relied upon at the trial - Jury's verdict negating possibility of conviction for manslaughter - Failure to direct as to an alternative verdict for a lesser offence not necessarily a miscarriage of justice - Evidence of a previous shooting by accused on the day in question - Whether such evidence relevant - Prejudice - Granting of separate trials - Crimes Act 1958 (No. 6231), s568.

Insurance - Public liability policy - "Accidental damage arising out of an accident" - Maxim "verba chartarum fortius accipiuntur contra proferentem" - Knowledge of risk of damage - Unintended or unexpected event - Non-disclosure.

Negligence - Duty of care - Duty to take affirmative action - Creation of hazard on roadway - Due to other road-users - Non-feasance - Misfeasance.

Sale of land - Contract of sale - Default by purchaser - Elements involved - Inability to proceed - Desire to do so - Waiver - Acceptance of repudiation - Resale by vendor - Duty to purchaser on resale.

Injunction - Interlocutory - Application to delay registration of transfer of land - Application to restrain the sale of certain goods - Pending trial - Principles applicable - Whether plaintiff would be likely to succeed in the action - Whether application too late to preserve the status quo pending the trial. Tort - Wrongful interference with contractual rights - Third-party contracts to purchase property from contract breaker - No prior notice that vendor bound by a trading agreement with the plaintiff - Third party not exercising right to rescind contract - Whether cause of action exists.

Legal profession - Costs - Solicitor for the Insurance Commissioner acting for defendant in motor car action - Defendant having policy of insurance with Insurance Commissioner - Plaintiff ordered to pay defendant's taxed costs - Solicitor employed by the Crown and not the holder of a practicing certificate - Defendant not liable to the solicitor for costs - Whether costs payable by the plaintiff to the defendant - Whether the Crown and its employees bound by PtV of the Legal Profession Practice Act 1958 - Whether solicitor engaged in practice as a solicitor on his own account - Validity of declaration by Council of the Law Institute - Workers Compensation Act 1958 (No. 6419), s65(2) - Public Service Act 1958 (No. 6349), s31(1) - Motor Car Act 1958 (No. 6325), s72, s74(1) - Legal Profession Practice Act (No. 6291), s51(1), s88(2), s90, s93.

Appeal costs fund - Practice - Application to review a taxation of costs by the Taxing Master - Matter referred to the Full Court - Decision of Taxing Master set aside - Application by unsuccessful respondent for an indemnity certificate - Whether application could be granted - Whether such review constitutes an "appeal" from the decision of a "court" within the meaning of the Appeal Costs Fund Act 1964 - Rules of the Supreme Court, O.65, r27(39), r27(40), r27(41) Supreme Court Act 1958 (No. 6387) s7(4) - Appeal Costs Fund Act 1964 (No. 7117), s2, s13, s13(1).

Practice - Order to review - Court of petty sessions dismissing information - Application for order nisi made to a judge in chambers - Whether application must be made to the Master - Whether the Master constitutes the Supreme Court - Validity of the Supreme Court Rules authorizing Masters to determine applications for the granting of orders nisi to review considered - Supreme Court Act 1958 (No. 6387) s6, s7(1), s7(4), s25(j)(i), s185(1) Justices Act 1958 (No. 6282), s155(1) - Rules of the Supreme Court, O.54, r14(d), r15(1)(a), r17.

Criminal law - Murder - Verdict of guilty - Power of Full Court on appeal to quash sentence and substitute a verdict of not guilty on the ground of insanity - Power exercisable where no ground of appeal established - Power independent - Discussion of M'Naghten Rules - Crimes Act 1958 (No. 6231), s568(1) and s569(4).

Company law - Winding up - Sales tax - Proposed action by Commonwealth against company in liquidation - State Act requiring leave to commence proceedings - "Crown" bound by Act - Whether Crown in right of Commonwealth bound. Constitutional law - Application of State laws - Question of construction of State Act - No inter se question raised - Companies Act 1961 (No. 6839), s216, s217, s263 - Judiciary Act 1903-1966 (Com.), s40A, s79.

Companies - Application for order for meeting of creditors - Proposed scheme of arrangement - Scheme not bona fide for benefit of creditors - Service of notice on other creditors - Court's discretion to refuse to make order - Companies Act 1961 (No. 6839), s181(1).

Negligence - Road accident - Collision at street intersection - Giving way to vehicle on the right - Relevance of Road Traffic Regulations - Jury apportionment - Reasonableness - Damages - Whether excessive - Use to be made of actuarial evidence - Road Traffic Regulations 1962, reg601, reg602.

Company - Winding up petition - "Oppressive" conduct of company - Member of private company deprived of directorship and benefits of profitable undertakings of new "subsidiary" firm - Alternative remedy in cases of oppression - Companies Act 1961 (No. 6839), s186.

Local government - Sale of adulterated food to local officer - Offence of a public nature - Power to purchase and submit food for analysis as member of public - Power to prosecute as member of public - Health Act 1958 (No. 6270), s238.

Criminal law - Justices Act - Summary jurisdiction - Informant absent at first hearing - Application for summary jurisdiction - Plea of not guilty by counsel for defendant - Application by prosecutor for adjournment refused - Submission to dismiss information for want of prosecution - Application by prosecutor to appear for informant pursuant to Justices Act 1958, s205 - Information dismissed for want of prosecution - Second hearing commenced with committal proceedings - Application for summary jurisdiction granted - Plea of not guilty through counsel - Plea of autrefois acquit upheld - Order to review - Autrefois acquit - Elements required - Prosecutor entitled to appeal - Justices Act 1958 (No. 6282), s91(2) and s91(10), s102B, s205.