Town and country planning - Permit granted to develop land as drive-in shopping centre - Applicant purchaser under conditional contract of as sale requiring the consent of Governor in Council - Determination of Appeals Tribunal to direct issue of permit subject to consent of Governor in Council - Whether Tribunal acting ultra vires - Severance of condition - Whether evidence of approval of sale and that land legally capable of use for purpose specified required before appeal - Hearing of appeal - Whether Tribunal acted upon its own experience or upon evidence - Powers of expert tribunal - Whether denial of natural justice - Power of court on review of decision of expert tribunal on issues of fact - Service - Whether all objectors to grant of permit served - Many signatures to documents attached to a letter from an association - Service on secretary of association - Sufficiency - Requirements of proper objection - No valid objectors as no identification of permit application being opposed - "Owner" - Meaning of - Whether lessee of portion of the land "owner" - Local Government Act 1958 (No. 6299), s236(1) - Town and Country Planning Act 1961 (No. 6849), s3, s18, s18A, s18B, s18C, s19, s19A, s20(3), s21, s22(1), s24(1), s60 - Town and Country Planning Regulations 1962, reg17(1), reg17(3) and Fifth Schedule.

Company law - Failure to lodge return of allotment of shares - Failure to lodge notice of address of registered office - Failure to lodge return of officers of company - Documents to be lodged within one month after incorporation or allotment - Directors charged with breaches of such provisions - No knowledge by directors of breaches until after the period of one month had expired - Whether each director an "officer... in default" - Whether officer liable for permitting completed offences to continue - Whether obligations continue from the end of time provided until compliance - Non- continuing and completed offences - Operation of "default" penalty considered - Companies Act 1961 (No. 6839), s54(1), s54(7), s58(2), s58(5), s59(4), s59(7). s66, s67, s70(7), s112(1), s112(2), s128(1), s128(4), s134(6), s134(7), s135(5), s135(6), s135(10), s379(1), s380.

Police offences - Obscene publications - "Obscene" - Meaning of - Making obscene photographs - Finding by magistrate photographs obscene and unduly emphasized matters of sex - Whether finding open to magistrate in absence of evidence of publication or intention to publish and exhibit - Police Offences Act 1958 (No. 6337), s164, s165, s166.

Practice - Order nisi - Amendment of grounds - Powers - Justices Act 1958 (No. 6282), s158.

Libel - Pleadings - Summons to strike out statement of claim - Whether article containing libellous imputations may be pleaded in full - Defendant not entitled to particulars of portions of alleged defamatory matter which plaintiff claims to be untrue - Plea of publication in a specified area "and elsewhere" - Embarrassing - Libel of office-holder - Whether person libelled need hold office at time of libel - Circumstances in which innuendoes may be struck out of pleading - Rules of the Supreme Court, O.19, r27; O.25, r4.

Criminal law - Similar acts - Admissibility of evidence to prove identity - Whether the evidence disclosed such a marked similarity in method or technique as to be relevant to issue of identity - Whether direction of trial judge calculated to mislead jury - Direction required in the circumstances considered - Whether any substantial miscarriage of justice - Crimes Act 1958 (No. 6231), s568(1).

Criminal law - Robbery under arms - Evidence of identity - Warning by trial Judge as to - Sufficiency - Whether jury should have been directed not to convict on such evidence alone - Whether direction that they could be convicted on that evidence was erroneous - Confession alleged to be made to police - Denial by accused - Comments by trial Judge - Propriety of such comments - Cross- examination of accused as to criminal activities of associate - Relevance - Exercise of common law discretion - Leave to cross-examine as to prior convictions - Leave not exercised - Disclosure by accused in cross-examination of prior convictions - Whether any miscarriage of justice.

Contract - Claim for return of money had and received - Money paid under mistake of fact - Mistake by only one signature to cheque - Mistake not fundamental to obligation to pay - Evidence required to establish mistake - Implied authority of managing director to contract.

Legal profession - Solicitors' Guarantee Fund - Compensation from fund - Loss suffered from defalcations by firm of solicitors - Payments to or for benefit of claimant against fund - Whether payments to be brought into account - Whether "received...in reduction of the loss" - Legal Profession Practice Act 1958 (No. 6291), s64(5), s66.

Drainage of land - Scheme of drainage - Wilful injury to drain made pursuant to Act - No map of scheme of drainage certified as correct by the magistrate approving the scheme - Drainage of Land Act 1958 (No. 6238), s12, s21.

Order to review - Power to amend grounds of order nisi at hearing - Justices Act 1958 (No. 6282), s158.

Certiorari - Natural justice - Appearance of bias by magistrate - Knowledge of relevant facts by counsel for party prior to determination - Failure at hearing to object to magistrate continuing to hear case - Waiver of right to object.

Companies - Take-over offer - Purchases of shares in offeree company by offeror - Purchases from persons whose shares might be acquired under take-over scheme - Benefits given which were not provided for in offeror's PtA statement - Shares not acquired "at an official meeting of a Stock Exchange in the ordinary course of trading on the Stock Exchange" - Whether order necessary or expedient to protect the rights of persons affected by the take-over scheme - Companies Act 1961 (No. 6839), s180M, s180R, s180T.

Criminal law - Murder - Intent - Voluntary act - "Act" of accused - Relevant state of mind - Direction to jury.

Income tax - Return of income - Misstatement inserted by innocent agent - Offence committed by person who directed agent - Income Tax Assessment Act 1936-1971 (Com.), s230(1).

Companies - Application to restore to register name of dissolved company - Persons aggrieved by striking off - Assignment of choses in action - Assignment of bare right to sue for damages unenforceable - Power to direct revival of action terminated by dissolution - Delay in prosecution of action by dissolved company - Prejudice to parties to action - Whether just that name of company be restored - Award of costs - Costs of person appearing but not a party to proceedings - Rules of Supreme Court, O.17, r1, r3 - Companies Act 1961 (No. 6839), s308(6), s363(2) - Property Law Act 1958 (No. 6344), s134.

Local government - Street construction scheme - Special procedure for hearing objections to scheme before magistrates' court - Jurisdiction of Supreme Court not taken away by such special procedure - Determination of portion of cost of scheme to be recovered from frontagers - Matters required to be taken into account - Failure to take matters into account renders scheme void - "Standard of construction" - Adoption of standard for class of streets into which subject street fell - "Any previous construction of the street" - Elapse of time since "proclamation of the street as a public highway" - Local Government Act 1958 (No. 6299), s577.

Evidence - Bias of witness - Bias of one degree admitted by witness - Whether contradictory evidence of cause or degree of bias admissible - Discretion of trial judge properly exercised.

Local government - Rates - Assessment of - Agreement between ratepayer and shire - Agreement conferring rating concessions on ratepayer in respect of rateable property - Rateable property transferred to appellant - Whether appellant entitled to benefit of the rating concessions - Local Government Act 1958 (No. 6299), s390A.

Criminal law - Petition for mercy - Petition on ground of bias by juror - Juror interviewed by newspaper reporter - Interview after verdict of guilty and after dismissal of appeal against conviction - Undesirability of interview - Public policy against permitting juror to impugn verdict - Crimes Act 1958 (No. 6231), s584(a).

Criminal law - Petition for mercy - Jurisdiction of Court - Petition referred by Attorney-General to Full Court - Nature of jurisdiction of Court - No jurisdiction to rehear matters disposed of in previous appeal against conviction.

Evidence - Tape recording made of interview with juror - Recording containing relation by juror of incidents occurring during trial - Tape recording inadmissible to prove occurrence of such incidents - Social policy of exclusion - Whether affidavit or viva voce evidence of juror as to incidents admissible - Applicability of rules of evidence upon hearing of petition.

Evidence - Documents - Admissibility - Information acquired by physician attending patient - General consent by patient to disclosure of information obtained - No consent of patient to disclosure in court - Evidence Act 1958 (No. 6246), s28(2), s55.

Courts, practice and procedure - Costs - Payment into court - Amount paid in exceeding award of damages to plaintiff - Infant plaintiff suing by next friend - Next friend probably without assets - Defendants' costs from date of payment in exceeding plaintiff's costs before such date - Payment of balance of defendants' costs after setting off plaintiff's costs to date of payment in - Balance of defendants' costs to be paid from damages awarded to plaintiff.

Will - Interpretation - Gift to such of "my brothers and sisters as shall be living at the date of my death" - Substitutionary gift to children of brother or sister of testatrix predeceasing testatrix - "If any brother or sister of mine shall predecease me" - "Shall" - Intention - Child or children - De facto adopted child not comprehended by the proviso to the sub-clause.

Criminal law - Assault - Self-defence - Justification - Verdict of jury for defendant - Appeal - Whether verdict open on evidence.

Practice and procedure - Jury trial - Questions to be left to jury by trial judge - Discretion of judge as to questions to be put to jury - Relevant principles - Discretion properly exercised.

Criminal law - Motor car - Blood alcohol content exceeding .05 - Breath analysis test - Certificate of result of test - Document purporting to be copy of certificate - Admissibility of such document - Document purporting to be signed by an authorized operator - Whether independent evidence that person signing document was an authorized operator necessary - Motor Car Act 1958 (No. 6325), s80F(3), Schedule Seven - Motor Car (Driving Offences) Act 1971 (No. 8143).

Matrimonial causes - Dissolution of marriage - Desertion - Conduct of husband and wife towards each other constituting just cause for each to live apart from the other - Conduct occasioning husband and wife each to live apart for not less than two years - Husband and wife each entitled to decree of dissolution of marriage - Matrimonial Causes Act 1959-1966 (Com.), s29.

Contract - Wholly executory - Defence of innocent misrepresentation - No prior disaffirmation by defendant - Whether mere plea of innocent misrepresentation operates as effective rescission - Misrepresentation not fraudulent - Defence of innocent misrepresentation sufficient.

Innocent misrepresentation - Representation a term of contract - Term a warranty and not condition - Warranty breached - Whether equitable right of rescission continues despite common law right to damages.

Criminal law - Indecent assault - Rape - Defence of consent - Whether verdict of guilty of indecent assault consistent with verdicts of not guilty of rape and assault with intent to rape - Crimes Act 1958 (No. 6231), s425.

Criminal Law - Death caused by use of instrument with intent to procure miscarriage - Murder - Direction to jury on basis of doctrine of constructive manslaughter - Whether substantial miscarriage of justice caused by alleged misdirection.

Valuation of land - Objection to valuation - Valuation - Basis of - Principles to be applied - Meaning of "the time of valuation" - Determination of site value and unimproved capital value - Valuation of Land Act 1960 (No. 6653), s5A, s6(1), s7(2), s39(1), s40, s47(4) - Valuation of Land (Valuations) Act 1964 (No. 7235), s4(a) - Local Government Act 1958 (No. 6299), s258, s262, s263, s315A, s332(1)(a).

Solicitors' Guarantee Fund - Money paid to solicitor to be paid into trust account and used for express purpose - Assignment by one company to another of debt due from solicitor - Separate assignment of mortgage securing the debt - Assignments made at time when solicitor had been arrested and financial security in doubt - Solicitor given notice in writing of assignments - Demand by assignee for repayment of debt - Money used by solicitor for own purposes - Whether assignee should be compensated from the Solicitors' Guarantee Fund - Whether assignee had suffered "pecuniary loss from any defalcation" - No necessity that money be entrusted by claimant - Elements to be established to obtain compensation out of fund considered - Meanings of "defalcation" and "fails to account" considered - Legal Profession Practice Act 1958 (No. 6291), s39(1), s40(1), s42(2), s51(1), s64(1)(a)(i).

Contract - Assignment of debt due from solicitor by one company to another - Whether a valid legal assignment of chose in action - Whether transaction should be construed as an equitable assignment - Property Law Act 1958 (No. 6344), s134.

Motor car - Person found driving a motor car - Person behaving in manner indicating that ability to drive impaired by consumption of intoxicating liquor - Reasonable belief of member of police force - Refusal to furnish sample of breath for analysis - Behaviour of person indicating impairment of ability to drive need not be contemporaneous with driving - Driving and behaviour, or driving behaviour and requirement to undergo test, need not constitute single transaction - Motor Car Act 1958 (No. 6325), s80F(6).

Infants - Custody - Ward of court - Illegitimate child - Mother of child deceased - Putative father having de facto custody - Contest for custody between putative father and parents of deceased mother - Welfare of child - Considerations determining award of custody - Marriage Act 1958 (No. 6306), s133.

Board of Inquiry - Immunity from suit of members of Board of Inquiry and counsel appearing before Boards of Inquiry - Extent of immunity - Statute - Retrospective operation - Evidence Act 1958 ( No. 6246 ), s21A.

Tort - Misfeasance in public office - "Public office" - Meaning of.

Practice - Dismissal of action as an abuse of the process of the court - Principles upon which jurisdiction to be exercised - Rules of the Supreme Court, O.14A.

Criminal law - County Court - Presentment on charge of conspiracy to defraud - Jury empanelled to inquire whether accused fit to plead - Jury verdict of unfitness to plead - Accused remanded for trial and recognizances of accused and surety respited - Whether duty to order accused to be detained in strict custody until Governor's pleasure known - Whether prerogative writ lies to County Court - Crimes Act 1958 (No. 6231), s393 - County Court Act 1958 (No. 6230), s36A.

Statutory interpretation - "Factory" - Building "occupied or used for the destruction of explosive and waste material" - Meaning of - Employee injured on employer's building - Whether building a factory - Explosives Act 1960 (No. 6715), s4, s17.

Matrimonial causes - Domicile - Acquisition of domicile of choice - Entry into Australia by Asian student under temporary entry permit - No permission to remain permanently - Residence illegal at times - Matrimonial Causes Act 1959-1966 (Com.), s23(3), s72(3)(b) - Migration Act 1958-1966 (Com.), s7(3).

Prerogative writ - Prohibition - Principles of natural justice - Bias - Inquiry by racing stewards - Reliance on accuracy of personal observation - Whether prejudging issue to be determined.

Contract - Warranties - Sale of goods - Whether statement a warranty - Whether common intention to impose contractual obligation - Question of fact - Test of intelligent bystander - Statement of expectation or estimate - Principles applicable.

Income tax - Assessment - Appeal against disallowance of objections of taxpayer to assessments - Profit from resale of land - Rescission of contract of sale - Purchase of co-owner's interest in property - Acquired for the purpose of profit-making by sale - "Purpose" - Profit-making undertaking or scheme - Income Tax Assessment Act 1936-1971 (Com.), s26(a).

Criminal law - Appeal to Full Court from decision of County Court - Sentence of imprisonment substituted for a shorter term of imprisonment imposed by a magistrates' court - Jurisdiction of Full Court to hear appeal - Justices Act 1958 (No. 6282), s142B.

Criminal law - Forfeiture of bail - Order for payment by surety of amount of recognisance - Application to vary or rescind order - "Unjust to require ... payment...having regard to all the circumstances of the case" - Right of Crown to appear on application - Principles governing exercise of discretion - No positive action taken by surety to secure accused's attendance - No economic circumstances of surety which might justify variation or rescission of order - Crown Proceedings Act 1958 (No. 6232), s5 - Crown Proceedings (Forfeited Recognisances) Act 1969 (No. 7900) - Crown Proceedings (Forfeited Recognisances) Act 1971 (No. 8124).

Probate duty - Dutiable estate - Calculation of final balance - Life insurance policies part of dutiable estate - Policies exempt from payment of debts - Debts of deceased allowable deduction - Such deduction limited by value of assets liable for payment of debts - Probate Duty Act 1962 (No. 6890), s4, s7, s10(1)(a)(i).

Contract - Rescission - Notice of rescission given by one co-contractor - Ineffective - Transfer of Land Act 1958 (No. 6399), 7th Sched., Table A.

Will - Construction - Gift of residue of estate to charities - Gift expressed in form of perpetual gift of income - Whether intention in will that beneficiaries to receive only income - Rule of construction whereby an unlimited gift of income carries an absolute gift in the corpus considered - Charities not entitled to corpus.

Trustee - Powers of investment - No special powers contained in will - Trustee desiring to sell certain shares and invest in real estate and other investments - No capital appreciation likely if power to invest in authorized trustee investments only - Trustee Act 1958 (No. 6401), s63.

Workers compensation - Worker - "Contract of service" - Part-time sale of soft drink to householders - Workers Compensation Act 1958 (No. 6419), s3(6).

County Court - Summons for final judgment - Leave to plaintiff to enter final judgment - Affidavit in support of summons - Sufficiency - Affidavit equivocal as to whether deponent able to verify all necessary facts from own knowledge - Plaintiff relying on insurance policies - Policies not exhibited to affidavit - Necessity to exhibit document relied upon save in simple cases - County Court Rules, O.5, r6. Evidence - Affidavit verifying cause of action - Affidavit referring to documents - Necessity to exhibit documents save in simple cases.

Motor car - Preliminary breath test - Whether a refusal to undergo test - Question of fact - Certificate of authority to operate prescribed preliminary breath test device - Judicial notice of identity and signature of Deputy Commissioner of Police - Regulation prescribing preliminary breath test device - Regulation not tendered at hearing of information - Whether leave to tender regulation upon hearing of order nisi - Legislative authority for such regulation - Motor Car Act 1958 (No. 6325), s80E(1), s80E(3), s80E(4), s93(1)(p), Police Regulation Act 1958 (No.6338), s6(2) Evidence Act 1958 (No. 6246), s80, s81 - Motor Car Regulations, reg229.

Practice - Specially endorsed writ - Failure to allege incorporation of plaintiff company - Claim for goods sold and delivered - Failure to state nature of goods - Division of cause of action - Running account - Whether each new delivery on credit assimilates all previous causes of action - RSC, O.3, r4, Appendix C, sIV, form 1.

Criminal law - Plea of guilty to certain charges upon presentment - Miscarriage of trial - Remand for retrial - Arraignment before another judge upon same presentment - Whether other judge has jurisdiction to accept pleas of guilty and sentence accused on counts to which accused pleaded guilty before first judge - Crown Case reserved for Full Court - Whether power to reserve such case - Whether question arose "on the trial of any person convicted" - Crimes Act 1958 (No. 6231), s446, s479(3).

Prerogative writs - Mandamus - General order to show cause - Power to grant declaration - Rules of Supreme Court, O.53, r1A and r4A.

County Court - Jurisdiction - Award of damages for personal injuries in excess of $12,000 - Jurisdiction of Court to enter judgment for sum in excess of $12,000 - County Court Act 1958 (No. 6230), s37(1)(a), s37(1)(a) - County Court (Jurisdiction) Act 1972 (No. 8263).

Legal profession and practice - Roll of barristers and solicitors admitted to practise - Motion for removal of name of solicitor from roll - Request for removal by such solicitor - Jurisdiction of Court to order removal - Legal Profession Practice Act 1958 (No. 6291).

Police offences - Obscene publications - Evidence - Whether expert evidence admissible that publication did not tend to deprave or corrupt school children - Whether school children form a special category of persons - Evidence as to ordinary human nature inadmissible - Evidence as to the construction of the Act inadmissible - Evidence as to what are acceptable community standards inadmissible - Police Offences Act 1958 (No. 6337), s164, s165.

Companies - Rectification of register - No liability company - Forfeiture of shares for non-payment of calls - Forfeited shares offered for sale by public auction by company - Whether directors of company can refuse to register name of person acquiring forfeited shares - Acquisition of forfeited shares at sale not a transfer by registered holder in share capital - Exercise of discretion to order rectification of register - Companies Act 1961 (No. 6839), s319, s323 - Stamps Act 1958 (No. 6375), s60F.

Marriage - Application for permission to marry - Applicants within prohibited degrees of affinity - Administrative nature of grant or withholding of permission - History of prohibitions on marriage between affines - Whether circumstances so exceptional as to justify grant of permission - Considerations relevant in determining whether circumstances so exceptional - Matrimonial Causes Act 1959-1966 (Com.), s20, s23, s43, s76, s91, s92, s118, s123 - Marriage Act 1961-1966 (Com.), s12, s16, s17, s24.

Contract - Hire purchase - Statement by dealer as to condition of vehicle - Statement untrue - Rescission by hirer - Action against dealer - Whether statement representation or warranty - Damages - Rescission as against credit company - Whether dealer agent of company - Quality of statement as against company - Whether statement being collateral warranty as against dealer precludes it being misrepresentation as against company - Restitutio in integrum - Hire-Purchase Act 1959 (No. 6531), s6.

Health - "Food premises" - Name of proprietor to be painted or affixed on premises - Name painted or affixed on food premises prima facie evidence that name so painted or affixed is name of proprietor - Health Act 1958 (No. 6270), s227(1), s239, s371, s422, s424 - Food Premises Regulations 1955, as amended, reg7A.

Evidence - Name painted on food premises prima facie evidence of name of proprietor - Effect of failure of defendant in criminal case to call evidence - Health Act 1958 (No. 6270), s239.

Town and country planning - Resolution by responsible authority to grant permit - Issue of permit - Duty of responsible authority to form opinion whether substantial detriment may be caused to any person other than applicant by grant of permit - Whether duty performed - Resolution by responsible authority to rescind grant of permit - Local Government Act 1958 (No. 6299), s185 - Town and Country Planning Act 1961 (No. 6849), s18B, s24.

Town planning - Ultra vires - Whether provision in planning scheme beyond power conferred on planning authority by Act - Meaning of "public" use of land - Whether erection of buildings can be consistent with use of land as "open space" - Severability - Town and Country Planning Act 1961 (No. 6849), s9, s27.

Motor traffic - Driving whilst blood alcohol exceeding .05 per cent - Breathalyser - Mouthpiece attached - Whether material alteration of instrument - Authority of breathalyser operator - Proof that breath analysing instrument of approved type - Certified extract from Government Gazette inadmissible for this purpose - Viva voce evidence permissible - Non-compliance with regulations relating to conduct of breath test - Evidence of breathalyser reading admissible - Breathalyser reading not evidence of blood alcohol content unless Schedule Seven certificate delivered - Proof of delivery of Schedule Seven certificate - Motor Car Act 1958 (No. 6325), s80F - Motor Car Driving Offences Act 1971 (No. 8143) - Motor Car Regulations 1966, as amended by Motor Car (Blood and Breath Test Samples) Regulations 1971.

Trusts - Trustee company - Originating summons for orders empowering trustee to invest in investments beyond the range of trustee investments - Desirability of guarding against consequence of overall inflationary trend of economy - Whether expert evidence necessary to establish existence of overall inflationary trend - Judicial notice of inflationary trend - Reliance on affidavit evidence filed in similar matters - Trustee Act 1958 (No. 6401), s63.

Limitations of actions - Infant - Infant on holiday with defendant - Whether infant in custody of parent at time of accrual of action - Application for extension of period within which action may be brought - Application made by person whilst under disability - Period within which application must be made - Whether material facts "not known" to infant - Limitation of Actions Act 1958 (No. 6295), s5(6), s23, s23A - Limitation of Actions (Personal Injuries) Act 1972 (No. 8300).

Magistrates' court - Information for criminal offence - Information dismissed - Application for costs by defendant - Discretion as to costs - Relevant considerations - Justices Act 1958 (No. 6282), s105.

Local government - Housing Commission - Commission engaged in erection and demolition of houses and buildings within municipal district - No permit obtained by Commission from council of municipality to perform erection and demolition - Uniform Building Regulations - Whether regulations "directly impose standards of construction" - Whether Commission bound to obtain permit - Housing Act 1958 (No. 6275), s27(1), s69.

Criminal law - Sentence - Applicant arraigned on three occasions - Multiplicity of sentences - Partial concurrence of sentences - Minimum term of imprisonment - Principles applicable - Crimes Act 1958 (No. 6231), s534(1), s535(1).

Probate duty - Power of appointment by will of share in residuary New Zealand estate - Residuary estate not appropriated to estate of testatrix but held in composite fund - Composite fund included shares on Victorian register - Whether dutiable "property" - Probate Duty Act 1962 (No. 6890), s7(1)(f).

Probate duty - Power of appointment by will of share in residuary New Zealand estate - Residuary estate included shares on Victorian register - Whether dutiable "property" in Victoria - Probate Duty Act 1962 (No.6890), s7(1)(f).

Contract - Employment - Covenant in restraint of trade - Validity - Employee engaged as sub-agent for estate agent - Covenant restraining employee engaging as agent or sub-agent for period of one year and within radius of office or branch office - Reasonableness - Whether employer had proprietary interest in employee's reputation - Interest of employer in customers a proprietary interest.

Contempt of court - Power of Court to make ex parte order for committal or attachment - Power of judge sitting in chambers to grant leave to issue writ of attachment - Motion for discharge of order giving leave to issue writ of attachment refused - Appeal to Full Court - Jurisdiction to set aside ex parte order considered - Order not a nullity and no right to have it set aside as of course - No power in single judge to exercise appellate jurisdiction in respect of another judge - Whether imprisonment under writ a "cruel and unusual punishment" and contrary to the Bill of Rights - Right to proceed by civil action instead of criminal information - Summary Offences Act 1966 (No. 7405), s9(1)(d) - Supreme Court Act 1958 (No. 6387), s43 - Rules of the Supreme Court, O.44, r2; O.52 r3, r4; O.55, r1(17); O.70.

Appeal - Contempt of court - Leave to issue writ of attachment - Refusal by another judge to set aside writ of attachment - Appeal to Full Court against refusal - Whether appeal lay because contempt was of criminal nature - Contempt committed in course of civil action - Appeal open to Full Court in "civil or mixed matters" - Supreme Court Act 1958 (No. 6387), s42.

Criminal law - Culpable driving - Standard of care - Evidence of pursuit of accused - Balance of utility of conduct against dangers or risks involved - "Unjustifiably and to a gross degree" - "In all the circumstances of the case" - Meaning of - Crimes Act 1958 (No. 6231), s318(1) and s318(2)(b).

Criminal law - Trial - Witness - Failure of Crown to call independent witness - Failure of trial judge to inquire as to absence of witness - Discretion of trial judge to prevent unfairness to accused - Prosecutor - Duties - Obligation to call all relevant and available witnesses unless satisfactory reasons exist to contrary.

Evidence - Adverse witness - Previous inconsistent statement - Circumstances of such statement sufficient to designate occasion put to witness on voir dire - Whether circumstances of statement required to be put to witness in presence of jury - Evidence Act 1958 (No. 6246), s34.

Criminal law - Trial - Witness named on presentment - Proposal by prosecution not to call witness at trial - Whether prosecution obliged to call such witness - Discretion of prosecution.

Board of Inquiry - Action for libel against Board - Immunity from suit of members of Board of Inquiry and counsel appearing before Boards of Inquiry - Extent of immunity - Statute - Retrospective operation - Evidence Act 1958 (No. 6246), s21A - Evidence (Boards and Commissions) Act 1971 (No. 8190).

Tort - Misfeasance in public office - "Public office" - Meaning and elements of considered.

Practice - Dismissal of action as an abuse of the process of the Court - Principles upon which jurisdiction to be exercised - Inherent jurisdiction - RSC, O.14A.

Local government - Proposed subdivision of land - Amendment of Act - Procedural changes - No rights affected - Consent of certain authorities required - Consent not obtained - Sealing by council of plan of subdivision invalid - Registrar of Titles forbidden to approve plan - Acts Interpretation Act 1958 (No. 6189), s7(2)(c) and s7(2)(e) - Local Government Act 1958 (No. 6299), s569, s569B(2), s569(7)(ba) - Local Government (Further Amendment) Act 1971 (No. 8149) - Transfer of Land Act 1958 (No. 6399), s97.

Wills - Construction - Contingent bequest to children of adopted daughter - Children adopted by such daughter - Children adopted after making of testamentary disposition - Whether adopted children take as "children" under will - Adopted children not entitled under adoption legislation operating at date of death of testator - Whether subsequent amending legislation enables adopted children to take under will - Effect of amending legislation on accrued rights - Contingent as well as vested interests constituting accrued rights - Adoption of Children (Amendment) Act 1953 (No. 5666) - Adoption of Children Act 1958 (No. 6192), s8(1), s(6) - Adoption of Children (Property) Act 1962 (No. 6971).

Adoption of children - Will - Children adopted after making of testamentary disposition - Whether adopted children take as "children" under will - Adopted children not entitled under adoption legislation operating at date of death of testator - Whether subsequent amending legislation enables adopted children to take under will - Effect of amending legislation on accrued rights - Adoption of Children (Amendment) Act 1953 (No. 5666) - Adoption of Children Act 1958 (No. 6192), s8(1), s(6) - Adoption of Children (Property) Act 1962 (No. 6971).

Statutory construction - Amending Act - Presumption against altering accrued rights - Contingent as well as vested interests constituting accrued rights - Presumption not displaced - Adoption of Children Act 1958 (No. 6192) - Adoption of Children (Property) Act 1962 (No. 6971).

Practice - Action for damages - Payment of moneys into court by defendant within 14 days of trial - Acceptance by plaintiff of amount in court after commencement of trial but before verdict - RSC, O.22, r2.

Courts practice and procedure - Supreme Court (Building Cases) Rules - Writ issued before rules made - Whether power to order case to be entered in Building Cases List - Object and purposes of Rules - Rules of Supreme Court, O.76.

Licensing - Selling liquor without a licence - Sale by holder of licence to sell liquor - Sale at a place unauthorized by his licence - Liquor Control Act 1968 (No. 7695), s114(1).

Courts practice and procedure - Abuse of process of court - Action by bankrupts - Action claiming proprietary interest in land and other relief - Writ set aside as abuse of process of court - Appeal - Any interest in land and right to claim such interest vested in trustees in bankruptcy - Plaintiffs seeking to relitigate issues finally determined against them in earlier litigation - Writ not asserting intelligible claim to relief recognized by law - Appeal dismissed - Bankruptcy Act 1966 (Com.), s58, s116.

Companies - Liquidation - Contributories - Liability of shareholders to contribute - Shares issued at a premium - Whether unpaid amount of premium "amount unpaid on shares" - Illegal agreement by company to finance subscription for shares so issued - Severability - Appropriation by liquidator to premiums payable on shares of amounts paid generally by shareholders to company - Companies Act 1958 (No.6455), s50, s56; Companies Act 1961, s60, s67, s218.

Trade secrets - Information gained as to manufacturing process in the course of designing and supplying equipment - Use of such information to set up in competition - Trade secret - Meaning of - Whether implied term in contract - Circumstances leading to obligation of confidence.

Criminal law - Evidence - Trial - Failure of accused to call spouse - Comment by trial judge on failure - Sworn evidence given by accused - Whether substantial miscarriage of justice - Crimes Act 1958 (No. 6231), s399(b), s568(1).

Criminal law - Presentment on charges of shopbreaking, storebreaking and stealing and receiving - Acquittal by direction on four counts at end of prosecution case - Conviction upon three counts of receiving - Appeal - Whether irreversible prejudice from evidence heard on counts in respect of which direction to acquit given - Whether jury ought to have been discharge after verdict by direction - Evidence of witness for prosecution discredited - Recent possession - Onus of proof of possession - Direction to jury thereon - Whether possession of equipment of same kind as that used in commission of charges relevant.

Local government - Application to subdivide land - Subsequent amending statute - Additional requirement imposed upon approval of plan of subdivision by council - Statutory construction - No existing rights affected - New requirement applied to prior application - Local Government Act 1958 (No. 6299), s569B(8A) - Acts Interpretation Act 1958 (No. 6189), s7(2).

Courts, practice and procedure - Appeal - Leave to appeal to Privy Council - Decision of Full Court dismissing actions summarily under the inherent jurisdiction of the Court - Whether decision a "final judgment" - Whether the "merits" of the case "concluded" thereby - Leave to appeal given only where the value of claim involved or matter in issue exceeded a certain amount - Whether the appeal involved questions of "great general or public importance" - Supreme Court Act 1958 (No. 6387) s218 - Rules relating to Appeal to the Privy Council 1911, r2(a) and r2(b).

Criminal law - Double jeopardy - Autrefois acquit - Nemo debet bis vexari - Whether magistrates' courts have general discretion to bar a second prosecution on ground of unfairness because of other proceedings taken against defendant - Acquittal on charge of conspiracy - Whether bar to subsequent charge of aiding and abetting.

Magistrates' court - Powers of adjournment - Indefinite adjournment for invalid reasons - Wrongful exercise of power - Substantial refusal to adjudicate.

Criminal law - Warrant for the apprehension of a witness likely to absent himself from trial - Inherent power of the Court to withdraw such warrant - Apprehended witness may be discharged upon entering into recognizance - Crimes Act 1958 (No. 6231), s415(1), s415(1A), s415(2).

Infants and children - Ward of Court - Maintenance order of magistrates' court granting custody of children to mother - Maintenance order affirmed by County Court - Application to Supreme Court by father seeking custody of children - Application by father to Supreme Court that children be made wards of Court and custody be granted to appropriate person - Whether Supreme Court bound by circumstance of maintenance order - Paramountcy of welfare of children in wardship proceedings - Marriage Act 1958 (No. 6306), s133, s142 - Supreme Court Act 1958 (No. 6387), s177.

Criminal law - Pleas of guilty on numerous counts in Supreme Court - Prior proceedings against accused in children's courts - Orders for release of accused on probation in each children's court proceeding - Averment at trial of proceedings in children's courts - Whether averment of such proceedings permissible - Proof of result of such proceedings by appropriate means admissible - Appeal against sentence - Overall effect of sentences for numerous offences considered - Total affective sentence varied - Children's Court Act 1958 (No. 6218), s27(3), s42(2) - Crimes Act 1958 (No. 6231), s376.

Criminal law - Murder - Felony murder - Death of victim caused by rifle shot - Actus reus and intention involved in relevant felony must both subsist at time shot fired - Material and substantial misdirection and non-direction - Substitution of verdicts of manslaughter - Sentences fixed - Crimes Act 1958 (No. 6231), s569(2).