Criminal law - Murder - Elements of - Mental state not limited to intention to kill or do grievous bodily harm - Direction that guilty if did act with knowledge that it was probable that death or grievous bodily harm would result - Sufficiency of direction and its relation to the evidence considered - Evidence - Witness found adverse - Whether judge erred in exercise of discretion in permitting cross-examination on prior inconsistent statements - Whether harm likely to be out of proportion to probative value - Important that jury be provided with proper opportunity of assessing accuracy of evidence given - Discretion exercised correctly - Verdict - No rule requiring direction that verdict to be unanimous - Sufficiency of direction given.

Motor car - Driving whilst alcohol level in excess of .05 per cent - Breath operator not called to give evidence - Certificate in form of Schedule Seven relied upon - Certificate stating that instrument used was one "in relation to which all regulations...with respect to breath analysing instruments were complied with; and (c) in proper working order and properly operated...in accordance with the regulations" - Regulation requiring operator to be satisfied that person has not consumed liquor for at least 15 minutes prior to analysis - Meaning of certificate and whether it certified that regulations had been complied with - Unnecessary to prove due compliance with the regulations before reliance can be placed on evidence referred to in s80F(1) - Non- compliance with regulations only going to weight to be attached to evidence - Purpose and validity of regulations considered - Motor Car Act 1958 (No. 6325), s80F, s80G, s81A, s93(1)(p), Schedule Seven - Motor Car Regulations 1966, as enacted by SR 169 of 1971, reg225, reg226, reg227, reg228.

Damages - Wrongs Act action - Claim by infants - Loss resulting from death of natural father - Intended remarriage of mother and prospective adoption of infants - Burden of proof of offsetting gains - Wrongs Act 1958(No. 6420), PtIII.

Evidence - Burden of proof - Loss resulting from death of natural father - Burden of proof of offsetting gains - Wrongs Act 1958 (No. 6420), PtIII Practice - Appeal - Contention inconsistent with basis upon which trial conducted - Plaintiffs precluded from making such contention on appeal.

Practice - Costs - Action for damages for personal injuries arising out of same fact situation against three defendants owing plaintiff a duty of care - Plaintiff successful against two defendants - Considerations applicable to Bullock order - Reasonable joinder of successful defendant - Fact situation and conduct of unsuccessful defendants until verdict relevant.

Contract - Tender containing clause that formal contract to be executed within four days of acceptance of tender - Tender accepted - Whether contract concluded by acceptance of tender - Formal contract signed two months after tender accepted - Work commenced and progress payments made prior to signing of formal contract - Whether formal contract had retrospective operation to date of acceptance of tender.

Power of appointment - Fund settled upon trustees to pay the income to beneficiaries until death of survivor of S and wife - Upon death of survivor corpus to be paid to such of beneficiaries as S by deed in his lifetime should appoint - S a beneficiary and surviving his wife - S by deed appointing the fund to himself - Whether power valid in its creation and exercise - Whether exercise of power was valid as being testamentary in its nature - Power validly made by deed - Nature and effect of general and special powers of appointment considered.

Motor traffic - Licensed driver sitting in motor car beside unlicensed person learning to drive motor car - Blood alcohol content of licensed driver exceeding .05 per cent - Whether licensed driver deemed to be driving motor car - Construction of "deeming" section - Construction of penal section - Motor Car Act 1958 (No.6325), s23 and s81A.

Wills - Construction - Device of "my said residence and lands surrounding" - Testator owning substantial allotment of land with residence in north-east portion and sundry fences and outbuildings standing on land - Meaning of "lands surrounding".

Practice - Interrogatories - Question containing several integral parts - Deponent answering that he "is unable to say" - Inability to answer unexplained - Whether deponent shown to have no personal knowledge and no belief - Principles upon which interrogatories to be answered.

Criminal law - Conviction on charge of having possession of prohibited import without reasonable excuse - Defence of duress - Onus of proof - "Reasonable excuse" - Customs Act 1901-1971 (Com.), s233B(1)(c).

Matrimonial causes - Costs - Costs of unsuccessful wife - Discretion of court - Costs unreasonably incurred - Wife financially secure - Legal aid available - Application refused - Matrimonial Causes Act 1959-1966 (Com.), s125.

Matrimonial causes - Maintenance order made on decree nisi - Subsequent adultery by wife - Subsequent improvement in wife's financial circumstances - Application by former husband for discharge or variation of order - Discretion of court - Whether order can be reduced to nominal sum or to nil - Whether proper in circumstances to discharge order - Matrimonial Causes Act 1959-1966 (Com.), s84(1), s87(1)(j), s87(2).

Courts practice and procedure - Numerous plaintiffs in action - Application for separate representation of one such plaintiff at trial - Whether separate representation permissible.

Barristers and solicitors - Numerous plaintiffs in action - Application for separate representation of one such plaintiff by counsel at trial - Application refused.

Matrimonial causes - Decree on ground of respondent's adultery - Custody of child to petitioner - Settlement of property - Jointly owned matrimonial home - Petitioner to live in home with child - Each party contributed to acquisition of home - Whether just and equitable to order respondent to settle her interest upon petitioner - Relevant considerations - Matrimonial Causes Act 1959-1966 (Com.), s86.

Matrimonial causes - Damages - Award of damages against co-respondent - Value of wife - Direct pecuniary loss - Injury to feelings, blow to honour and hurt to family life - Relevant principles - Matrimonial Causes Act 1959-1966 (Com.), s44.

Criminal law - Practice - Submission of no case to answer made upon trial of several accused - Counsel for each accused required to state whether he will adduce evidence - Submission of no case to answer overruled - Evidence then adduced on behalf of accused - Practice to be applied - Additional evidence may be taken into account when considering the validity of verdict - Criminal Practice Note of 3 April 1950.

Justices - Order to review - Conflicting affidavits - Principles applicable to resolution of conflict - Affidavit of justice or magistrate - Deponent who seeks to contradict version of facts in affidavit already sworn to state denial of facts positively - Justices Act 1958 (No. 6282), s167.

Justices - Hearing of informations - Offences found proven - Adjournment of informations - Adjournment to circumvent operation of mandatory legislative provision - Adjournment wrong in law - Justices Act 1958 (No. 6282), s92(6).

Constitutional law - Election to Parliament - Petition disputing election - Petition alleging wrongful disallowance and rejection of formal and valid ballot-papers - Whether petition defective for want of particularity in allegations - Order that all facts in support of petition be proved by affidavit - Whether contents of envelopes containing ballot-papers can be adduced in evidence.

Constitutional law - Election to Parliament - Petition disputing election - Qualified voters whose names not on electoral roll used on election - Such voters claiming but not permitted to vote - Admissibility of evidence by such voters - Electors applying for postal ballot-papers - Postal papers not sent before date specified by applicants or at all - Such electors deprived of opportunity to vote by omission of electoral officer - Absence of signature or initialing of ballot-paper in accordance with Act not a ground for rejection - Vote of absent voters recorded on photocopy of blank ballot-paper - Whether photocopy a ballot-paper - Scrutineer of candidate in course of recount seeking list of absentee voters whose votes rejected and reasons for rejection - Request refused - Scrutineer not entitled to compliance with request - Re-examination of declarations accompanying absent votes not required on recount - Function of scrutineers - Effect of errors or omissions of electoral officers - Constitution Act Amendment Act 1958 (No. 6224), s186(1), s206, s219(1A), s220, s239, s291 - Victorian Parliamentary Elections Regulations 1967, reg23, reg27, reg28.

Courts practice and procedure - Action - Specific questions put to the jury - Whether form of questions wrong or insufficient - Questions agreed to by counsel - No objection by counsel to entering of judgment based on answers of jury - Whether any substantial miscarriage of justice.

Courts practice and procedure - Industrial accident - Negligence - Nature of direction to jury - Questions to be left to jury.

Will - Distribution of residuary estate divided into proportionate parts - Previous appropriation in specie to beneficiary - Method of calculation of respective shares of beneficiaries.

Private international law - Action in Victoria in respect of tort occurring in New South Wales - Prima facie the rule in Phillips v Eyre governs actionability of foreign torts - Rule not applicable because of special circumstances - Meaning of "not justifiable" according to lex delicti - Tort - Immunity of a spouse from action by the other - Marriage (Liability in Tort) Act 1968 (No. 7768), s2.

Master and servant - Plaintiff employed by defendant Board as a planning director - Statutory power of Board to remove from office - Whether power extends to removal without notice or cause - Town and Country Planning Act 1961 (No. 6849), s4, s7(1)(a), s7(1)(c).

Crown - Town and Country Planning Board - Whether part of "use and service of the Crown" - Test to be applied - Degree of control exercised by Executive - Extent of powers and discretions of Board - Town and Country Planning Act 1961 (No.6849).

Poisons - Drug of addiction - Indian hemp - "Traffic in" - Meaning of - Whether "commercial element" necessary - Poisons Act 1962 (No. 6889), s32(a).

Summary offences - Person who "wilfully trespasses in any place" - Allegation of wilful trespass upon part of foreshore where pipeline being constructed - That part of foreshore enclosed by wire fence - Whether public park where defendants entitled to enter as of right - Whether Pipelines Act 1967 conferred title or right to occupy foreshore or merely a licence to construct pipeline - Access as of right of public not restricted - Permit to own and use pipeline - Licence to construct and operate a pipeline - Summary Offences Act 1966 (No. 7405), s9(1)(d) - Pipelines Act 1967 (No. 7541), s3, s8, s9, s12, s15, s16, s17, s18, s20, s21, s22, s23, s25 - Land Act 1958 (No. 6284), s14, s221.

Justices - Order to review - Materials upon which order nisi granted - Time for obtaining order nisi - Affidavit in support lodged in Prothonotary's office by clerk who on that day sought leave to appear before master - No time available for the master to hear application within time - Master's secretary setting the matter down after period of time limited - Whether application made within time - Affidavit - Sufficiency - Affidavit referring to exhibit to affidavit in another proceeding - Discretion to receive affidavit upon information and belief on return of order nisi - Justices Act 1958 (No. 6282), s155(1) - Rules of the Supreme Court, O.38, r3, r14; O.70, r1, r2.

Criminal law - Petition for mercy - Petitioner convicted of murder - Petition referred to Full Court - Capacity in which Court acts upon such reference - Petition on ground of discovery or availability of additional evidence - Principles to be applied - Whether miscarriage of justice in the circumstances - Reference under s584(a) of the Crimes Act 1958 - Inclusion in same instrument of reference under s584(b) - Crimes Act 1958 (No.6231), s584.

Motor car - Driving whilst alcohol level in excess of .05 per cent - Certificate indicating reading of .10 per cent - Test taken about fifteen minutes after driving - Consumption of beer after driving and before test - Finding that reading higher than it would have been had defendant been tested prior to that consumption - Whether conviction could be sustained - Presumption "until the contrary is proved" that alcohol level at time of test is not less than that at time of offence - Meaning of "the contrary" considered - Proof of lesser percentage required - Proof required that the blood alcohol content at time of driving was a specific different figure or at least that it was lower than significant for any relevant purpose - Rebuttal of presumption by expert evidence referred to - Motor Car Act 1958 (No. 6325), s80G, s81A.

Arbitration - Ruling by arbitrator on question of law - Whether arbitrator to be directed to state special case for opinion of Court - Relevant considerations - Irreversible and prejudicial consequences to party applying if arbitrator follows proposed course and ruling erroneous - Whether party applying has exhausted courses open to prevent arbitrator following proposed course - Whether arbitrator can be so directed where question of law is whole reference - Arbitrator a lawyer of standing - Arbitration Act 1958 (No. 6200), s19.

Negligence - Injury to tree feller - Whether servant or independent contractor - Paid on piece work rates - To supply own equipment - Some supervision of work - Tests to be applied - Damages - Verdict of jury - Whether excessive.

Criminal law - Wounding with intent to resist lawful detainer - "Resist" - Meaning of - Whether resistance to conduct of a person necessary - Resistance to a state of affairs - Resistance in order to escape from custody - Crimes Act 1958 (No 6231), s17.

Damages - Deductions from damages assessed of pecuniary gains arising from death of deceased - Acceleration of interest of widow in family home - Acceleration of succession by widow to deceased's interest in partnership - Allowance for revived capacity to remarry - Whether account to be taken of incidence of income tax upon income derived from investment of sum awarded as damages - Probate and estate duties paid in respect of deceased's estate not apportionable in assessing value of estate as pecuniary gain between assets excluded from consideration in assessing pecuniary loss and balance of assets - Wrongs Act 1958 (No. 6420), PtIII.

Landlord and tenant - Covenant in lease not to use premises "for any other purpose other than the purpose stated in the First Schedule" - That purpose referred to as "a supermarket business" - Lessee ceasing to use premises as supermarket and carrying on new supermarket business a short distance away - No other business carried on at leased premises, but fittings etc. retained - Lessee continuing to pay rental - Whether lessee in breach of covenant in lease - Lessee not obliged by covenant to continue to use premises for purpose specified - Whether repudiation, abandonment or disclaimer by lessee - Notice of alleged default failing to specify matters complained of as breach and not requiring remedy by lessee - Notice not complying with the Act - Property Law Act 1958 (No. 6344), s146.

Resumption and acquisition of land - Claim for compensation - Whether claim lodged within two years of notice to treat - Distinction between claim and particulars of claim - Consequences of failure to quantify claim - Costs - Preliminary hearing - Whether incidental to "proceeding" under Valuation of Land Act - Applicability of costs formula under Act - Institution of proceedings under Act - Valuation of Land Act 1960 (No. 6653), s25, s27, s28 and s29 - Lands Compensation Act 1958 (No. 6286), s9, s12 - Dandenong Valley Authority Act 1963 (No. 7060), s28(1)(a).

Workers compensation - Case stated by Board of own motion - Whether any questions of law arose before Board - Worker receiving the total amount of weekly payments prescribed for his incapacity - Application to increase employer's total liability - Board announcing intention to remove a statutory limit - Case stated to Supreme Court as to whether the applicant had a right to apply for further determination or subsequent renewal of application - Advisory opinion in circumstances still hypothetical - Board not seeking answers to questions of law arising in the proceedings - Workers Compensation Act 1958(No.6419), s9(1)(b)(iii), s56(3).

Adoption of children - Application to dispense with consent of father - Application to County Court refused on ground that special circumstances made application more fit to be dealt with by Supreme Court - Application to Supreme Court - Whether existence of claim for access under Matrimonial Causes Act a bar to jurisdiction - Failure by father without reasonable cause to discharge the obligations of a parent - Other "special circumstances" making it proper to dispense with consent of father - Adoption of Children Act 1964 (No. 7147), s29(1) - Matrimonial Causes Act 1959-1966 (Com.), s8(2).

Matrimonial causes - Application after decree absolute by respondent for access to children - Application by petitioner for adoption order and for order dispensing with consent of respondent - Jurisdiction of Supreme Court in adoption application - Matrimonial Causes Act 1959-1966, s8(2).

Courts practice and procedure - Action transferred from magistrates court to County Court - Further application that it be transferred into Supreme Court - Whether jurisdiction to make order sought - County Court Act 1958 (No. 6230) s51, s61 - Supreme Court Act 1958 (No. 6387), s59.

Summary offences - Suspected person loitering with intent to commit a felony - Facts establishing suspicion - Separate from facts of loitering - Relevant consideration - Vagrancy Act 1966 (No. 7393), s7(1)(f).

Equity - Sale of land - Promise by purchaser to retransfer part of land to vendor upon approval of plan of subdivision - Promise stated to be "a declaration of intention...not made as a legally binding offer, term or collateral warranty" - Land held by purchaser upon constructive trust for benefit of vendor - Sale of Land Act 1962 (No. 6975), s569D - Local Government Act 1958 (No. 6299).

Motor car - Action by judgment creditor against authorized insurer based upon Victorian statutory provisions - Pedestrian killed in South Australia by motor car insured in Victoria and driven by T who could not be found - Judgment obtained in South Australia against nominal defendant - Nominal defendant obtaining judgment by way of indemnity against T in those proceedings - South Australian nominal defendant seeking to recover in Victoria against authorized insurer amount unpaid in respect of the "judgment" - Whether judgment in respect of death caused by or arising out of use of motor car - "Judgment" not restricted to judgment of Victorian court - Cause of action disclosed - Plaintiff empowered to institute proceedings - Implied authorization by South Australian statutory provision for nominal defendant to take action against authorized insurer - Motor Car Act 1958 (No. 6325), s47.

Companies - Scheme of arrangement - Proposed amalgamation of nine related investment companies having common boards of directors - Substantial majorities of members present at meetings voting for adoption of scheme - Discretion of Court to approve scheme - Effect of circumstances on power of choice of members at meetings to approve scheme or otherwise - Reality of determination made at meetings - Relevance of facts collateral to content and operation of scheme - Relevance of events occurring after approval of scheme at meetings - Whether possible effect of facts in existence prior to meetings of members not present or represented at meetings to be considered - Articles of association of companies prohibiting vote by director in respect of contract or arrangement in which he is interested - Whether contract or arrangement between the companies - Companies Act 1961 (No. 6839), s180C, s181.

Motor car - Third-party insurance - Bodily injury to a person arising out of use of motor car - Defendant vicariously liable for negligence of employee driver of motor car - Right of contribution of defendant against employee - Basis of such right of contribution - Third-party notice against Incorporated Nominal Defendant - Identity of motor car unable to be established - Identity of driver and of person vicariously liable for negligence of driver known - Liability of Incorporated Nominal Defendant - Motor Car Act 1958 (No. 6325), s49.

Motor car - Driving whilst blood alcohol content in excess of .05 per cent - Certificate showing reading of .16 per cent - No rebutting evidence called by defendant - Evidence in another case that defendant had consumed same amount of liquor as another person with reading of .11 per cent - Finding by court based on that evidence and magistrate's own readings that breath analysing instrument was slightly inaccurate - Not open to magistrate to use evidence from other case - Not open to magistrate to act on his own knowledge or experience - Evidence necessary in the particular case to prove inaccuracy of instrument - No evidence to rebut the reading shown in the certificate - Certificate the only evidence of percentage of alcohol at time of offence - Appropriate period of disqualification from obtaining a licence considered - Motor Car Act 1958 (No. 6325), s80F, s80G, s81A - Evidence Act 1958 (No. 6246), s25.

Motor car - Driving whilst blood alcohol content in excess of .05 - Defendant not holder of licence to drive motor car at time of offence - Whether mandatory for court to disqualify defendant from obtaining licence - Elements of penalty required to be imposed considered - Magistrate under duty to disqualify defendant from obtaining licence for relevant period - Whether under order nisi to review it was open to challenge failure to impose disqualification from obtaining licence for relevant period - Motor Car Act 1958 (No.6325), s26, s81A.

Poisons - Drugs of addiction - Certificate purporting to be signed by analyst - Circumstances in which admissible as evidence of result of analysis - Poisons Act 1962 (No. 6889), s56.

Evidence - Admissions - No personal knowledge of facts admitted - Whether admissible - Whether of evidential weight.

Criminal law - Larceny - Information alleging goods stolen to be the property of named person - No evidence led at hearing of ownership of goods - Conviction erroneous.

Company law - Execution against company - Voluntary winding up of company before completion of execution - Whether creditor entitled to benefit of execution - Discretion of court - Companies Act 1961 (No. 6839), s298.

Magistrates' Court - Jurisdiction - Motor car accident - Claim for property damage - Subsequent Supreme Court action for damages for personal injuries arising out of same accident - Issue estoppel as to pleas by defendant of negligence and contributory negligence in Supreme Court action - Exclusion of jurisdiction of magistrates' court in any "matter in which rights in future may be bound" - Likelihood of future action for personal injuries in the Supreme Court - No jurisdiction in magistrates' court - Justices Act 1958 (No. 6282), s68(1) proviso (a), s101 (as amended by Justices (Civil Proceedings) Act 1971 (No. 8224)).

Statutory interpretation - Substantive rights conferred by statute - Amendment to legislation - Presumption against retrospective operation of amendment.

Legal profession - Solicitors' Guarantee Fund - Compensation from Fund - Defalcation by solicitor - Loss suffered by a person not a client or a person on whose behalf property received - Elements of a claim under s64(1) considered - Legal Profession Practice Act 1958 (No. 6291), s64(1).

Criminal law - Evidence - Admissibility of document as confirmatory of date upon which made - Use to be made of contents of such document - Hostile witness - Leave to treat witness as hostile - Whether sufficient basis for grant of leave - Application for leave to treat further witness as hostile on basis of previous inconsistent statements refused - Issue of bias raised in cross-examination of such witness - Previous inconsistent statements elicited in re-examination - Such statements admissible as being relevant to question of bias - Evidence only having evidential value as part of res gestae - Evidence excluded as capable of being product of concoction or fabrication - Omission to direct jury as to effect of certain imputations as to character of witness - View by jury of scene of relevant incidents - Refusal by judge to direct view - Discretion - Unrepresented accused - Whether judge to advise accused on certain evidentiary principles - Consideration by jury of fingerprints - Sufficiency of charge to jury - Crimes Act 1958 (No. 6231), s419 - Evidence Act 1958 (No. 6246), s35, s36.

Workers compensation - Injury to employee outside hours of employment - Injury occurring in course of journey for purpose not required by employer but for which leave of absence granted - Whether journey incidental to employment - Workers Compensation Act 1958 (No. 6419), s8(2)(b).

Motor car - Offence by owner who "uses" an uninsured motor car - Car found parked in street after insurance expired - Owner last drove car when it was in fact insured - No evidence of any association between owner and car for several months prior to date of alleged offence - Whether proof of ownership alone sufficient to sustain charge - Meaning of "uses" a motor car considered - Motor Car Act 1958 (No. 6325), s40(2).

Income tax - Appeal to Supreme Court - Appeal by Commissioner from decision of Board of Review - Appeal involving question of law - Determination of decision of Board - Determination of extent to which decision subject of appeal - Grounds of appeal open to Commissioner on appeal - Discretion to allow amendment of grounds of appeal - Income Tax Assessment Act 1936-1973 (Com.), s196.

Companies - Unlimited company - Shares redeemable by shareholder at price to be fixed from time to time - Company failed to redeem shares or remove shareholder's name from share register upon request - Company subsequently in liquidation - Shareholder held liable to contribute - Proof of debt by shareholder for repurchase price of shares - Liability of company - Right of shareholder to compete in liquidation with other creditors - Priorities - Claim by shareholder for damages for breach of contract - Sum due to shareholder "in his character as a member by way of dividend, profits or otherwise" - Companies Act 1961 (No. 6839), s218(1)(g).

Criminal law - Practice - Trial of several co-accused - Submission of no case to answer at conclusion of Crown case on behalf of several accused - Submission by other accused to defer their intimation whether they propose to adduce evidence - Procedure to be applied.

Criminal law - Being in charge of motor car whilst under influence of intoxicating liquor - Car parked in rear of service station - Whether service station is "parking place or...other place of public resort" - Whether offence must be committed on such a place - Statutory interpretation - Motor Car Act 1958 (No. 6325), s82.

Admiralty - Jurisdiction of Supreme Court in Admiralty - Equipping of ship - Supply of necessaries - Necessaries - Meaning of in admiralty law - Foreign ship - Ship under arrest at time of institution of cause - Colonial Courts of Admiralty Act 1890 (Imp.) - Admiralty Court Act 1840 s6 - Admiralty Court Act 1861, s4, s5 - Admiralty Rules 1916.

Courts, practice and procedure - Costs - Payment into court - Amount paid in exceeding award of damages - "Special cause" reducing defendant's entitlement to costs from and after the date of payment in - Rules of Supreme Court, O.22, r6.

Passing off - Interlocutory Injunction - Name of magazine similar to that of English magazine - Elements of passing off action - Significant differences in format and contents - Whether ordinary reader likely to be confused or deceived - Interlocutory injunction - Principles applicable to grant of.

Summary offences - Vagrancy - Charge of "habitual consorting" - Whether evidence of consorting must continue to date of laying of information - Vagrancy Act 1966 (No. 7393), s6(1)(c).

Negligence - Damages for personal injuries - Driver of vehicle unknown - Vehicle insured in name of owners under relevant Act in New South Wales - Whether unidentified driver is agent of owners by virtue of Act - Motor Vehicles (Third Party Insurance) Act 1942 (NSW), s10(1), s16(1) - Motor Car Act 1958 (No. 6325) (Vic.), s51.

Companies - Person not qualified to act as receiver of company - Meaning of "an officer of ... any corporation which is a mortgagee of the property of the company" - Companies Act 1961 (No. 6839), s187(1)(c).

Evidence - Information signed by a person described therein as Registrar of Companies - Judicial notice of identity and signature of Registrar of Companies - Companies Act 1961 (No. 6839), s7(4) - Evidence Act 1958 (No. 6242), s80, s81.

Workers compensation - Personal injury - Worker a cookery instructor at detention centre - Worker occupied house in centre - Occupation of convenience and benefit to employer - Injured within precincts of house after returning from duty - Place of employment comprised whole centre - Whether in attendance "at place of employment pursuant to his contract of employment" - Whether injury sustained in course of employment - Workers Compensation Act 1958 (No. 6419), s8(2)(a)(i).

Health - Offences of selling and possessing food which was "unwholesome" - Food for sale for human consumption in retail grocery store - Offence of failing to "protect" such food from "insects" - Food in question comprising packaged breakfast cereals containing grubs - No analysis made of any of such food - Seizure by health inspector but no notice of seizure sent to defendant and no portion of goods seized sent to defendant - Meaning of "unwholesome" and evidence constituting proof that food was in that condition discussed - Failure to obtain samples by authorized officer not to invalidate prosecution - Notice of seizure not required when goods seized from a retail trader who is not the manufacturer - No notice required unless seizure after the results of an analysis obtained - Whether packaged goods must be "protected" from animals or insects - Meaning of "insects" discussed - Burden of proof considered - Health Act 1958 (No.6270), s3, s236(1), s261(3), s277, s278, s279(4), s281(1), s291, s304(d) and s304(g), s401(e), s405, s407, s408 - Cleanliness (Food, Drugs, and Substances) Regulations 1953, reg6(j) - Seizure (Claims Procedure) Regulations 1925, reg4(1) and reg4(2).

Costs - Convictions imposed on three informations involving health prosecutions - Duty of Court to award costs upon conviction - Discretion as to costs miscarried - No power to order that fine be paid to council - Statutory provisions considered - Health Act 1958 (No.6270), s423(1), s450(1).

Sale of land - Competing equitable interests - Failure by purchaser to lodge caveat - Vendor retaining duplicate certificate of title - Subsequent sale to another purchaser - That purchaser relying on search of title not disclosing any prior interest - Prior equitable interest postponed - Transfer of Land Act 1958 (No. 6399), s89, s89A, s91.

Practice - Plaintiff suing personally and as executor of will of another - General endorsement on writ claiming damages arising out of car accident at a specified date and place - Whether "sufficient to give notice of the nature of the claim and the cause thereof" - Defendant before appearance seeking to have writ set aside - Pleadings not requested in action - Writ issued within three years of collision but served thereafter - Endorsement deficient - Leave not granted to amend - No order made for particulars or for pleadings and the delivery of a statement of claim to enable inclusion of statute-barred claims - Rules of the Supreme Court, O.2, r3; O.3, r1, r2, r3, r4, r5, r6, r7; O.18(A), r1, r2, r3, r4; O.20, r2; O.70, r1; Form 1 Appendix A PA1 of Ch. 1 - Wrongs Act 1958 (No. 6240), s20 - Limitation of Actions Act 1958 (No. 6295), s5(1), s5(6).

Easement - Reserve marked on plan of subdivision - Liberty granted to transferees of lots to use and enjoy the reserve "for the purposes of recreation or a garden or a park" - Characteristics of easements discussed.

Easement - Adverse possession - Grant of right to use reserve "for the purposes of recreation or a garden or a park" - Portion of reserve fenced off for about 40 years - Used as a tennis court then as a garden - Equivocal acts - Consistent with terms of grant - Not adverse to owner.

Easement - Abandonment - Grant of right to use reserve "for the purposes of recreation or a garden or a park" - Portion of reserve fenced off by one grantee as a tennis court then as a garden - Area not used by other grantees - Long non-user not conclusive - No intention to abandon right.

Transfer of Land Act - Easement - Appearing on certificate of title of dominant tenement - Alleged abandonment - Conclusiveness of certificate of title - Transfer of Land Act 1958 (No. 6399), s40, s41, s72 and s73.

Evidence - Admissibility - Claim of privilege - Correspondence between physician or surgeon and other medical practitioners - Not admissible without consent of patient unless sanity in dispute - Relative suing under s18 of the Wrongs Act 1958 cannot consent - When "sanity" in dispute - Evidence Act 1958 (No. 6246), s28(2) - Evidence (Medical Evidence) Act 1966 (No. 7418), s2(c).

Transfer of land - Caveat - Loan made to enable purchase of land - Participation in share of profits and losses on resale - Caveats claiming an equitable estate pursuant to a partnership - Removal of caveats - Amendment of caveats - Transfer of Land Act 1958 (No. 6399), s89(1), s90(3) - Partnership Act 1958 (No. 6330), s5, s6.

Sale of land - Terms contract of sale - Duplicate certificate of title and registrable transfer not obtainable from vendor - Vesting order - Trustee Act 1958 (No. 6401), s51; Transfer of Land Act 1958 (No. 6399), s58, s103.

County Court - Judgment by default - Application by defendant for leave to set aside judgment - Failure by defendant to appear on hearing of summons for final judgment - Lack of communication between solicitor and client leading to non-appearance - Relevance of non-appearance per se - Prima facie defence on merits disclosed by affidavit - Discretion - Factors relevant in the exercise of - County Court Rules 1964, O.5, r14.

Licensing - Application for retail bottled licence - Discretion of Commission - Whether applicant proposes to sell groceries - Liquor Control Act 1968 (No. 7695), s2(6), s3, s32(2).

Arbitration - Stay of proceedings - Third-party proceedings - Contract - Indian law applicable to dispute between defendant and third party - Discretion to stay proceedings - Victorian court more suitable - Arbitration Act 1958 (No. 6200), s5.

Justices - Ruling by magistrate on submission of no case at close of case for informant - Further hearing of information adjourned - Order nisi to review granted by master - Whether appeal lies against grant of order nisi without applying to set order aside - No prima facie case of error of law - Discretion to grant order nisi - Discretion wrongly exercised.

Evidence - Judicial notice - Notice of Act or section being brought into force by proclamation - Evidence Act 1958 (No. 6246), s77.

Criminal law - Appeal by Attorney-General against sentence - Miscarriage of discretion of trial judge in ordering that convicted person be released on bond - Sentence of imprisonment imposed - Date from which sentence of imprisonment to commence - Crimes Act 1958 (No. 6231), s567A - Social Welfare Act 1970 (No. 8089), s122(1).

Criminal Law - Order for release of prisoner on parole - Failure of governor to release prisoner - Punishments imposed by Governor additional to sentence - Effect of these on parole order - Power to postpone discharge - Power of Governor to postpone release on parole - Gaols Act 1958(No.6259), s34 - Crimes Act 1958 (No. 6231), s536 and s538 - Social Welfare Act 1970 (No. 8089), s131 - Social Welfare Regulations 1962.

Evidence - Privilege - Action for damages for injuries suffered in course of employment - Examination of plaintiff by medical practitioner appointed as medical referee - Medical practitioner called as witness for defendant employer - Whether plaintiff the "patient" of medical practitioner - Evidence of medical practitioner admissible - Evidence Act 1958 (No. 6246), s28(2).

Motor car - Licence suspended by Chief Commissioner under points demerits system - Information alleging offence of driving whilst licence suspended - Whether correct offence merely that of unlicensed driving - Effect of words "deemed not to be licensed" considered - Offence established - Motor Car Act 1958 (No. 6325), s22C(1), s25(1), s26, s27B, s28(1).

Justices - Power of magistrates' court of own motion to amend information at conclusion of defence - Charge amended from one of driving through red light to charge of driving through amber light - Amendment valid if made before final decision made on original information - Amendment proper when alleging a cognate offence - Whether defendant had opportunity to be heard considered - Justices Act 1958 (No. 6282), s160, s200 - Road Traffic Regulations 1962, reg401(2).

Courts practice and procedure - Order to review - Regulations not tendered at hearing in magistrates' court - Failure due to oversight - Whether court should permit tender of regulation on return of order to review.

Income tax - Club conducting activities for members and non-members - Application of principle of mutuality - Method of apportionment of outgoings - Costs - Appellant taxpayer succeeding upon some grounds of appeal - Income Tax Assessment Act 1936-1970 (Com.), s25(1), s51(1), s187, s189, s197.

Limitation of actions - Application for extension of time within which to bring action - Relevance of knowledge of material facts by solicitors of claimant - Exercise of discretion - "Claimant" - Whether comprehends servants or agents of claimant - Limitation of Actions Act 1958 (No.6295), s23A.

Health - Selling pre-packed article the true measure of which was less than measure stated on package - Whether "sale" by the defendant - Defendant appeared "from the marking on the package to have packed the article" - Defendant "deemed" to have effected sale to inspector - Failure to prove that article had not been wholly exempted by regulations from operation of Act - Such defect curable if objection taken - No proof required that article complied with regulations relating to marking of packages - "True measure" considered - Temperature prevailing at time and place of measurement sufficient - Calibration of measuring instrument considered - Fruit juices not deemed to be of true measure - Deficiency required to be less than five per cent and also required that there be no average deficiency - Whether bottles "taken at random by an inspector" - Weights and Measures (Pre-Packed Articles) Act 1967 (No. 7639), s82C, s82D, s82F, s82H, s82I, s82N(5) - Weights and Measures Act 1958 (No. 6414).

Justices - Order to review - Ambit of ground that decision "contrary to the evidence and the weight of the evidence" considered - Amendment of ground of order to review sought - No power to amend to add new ground - Court not to give effect to curable objection not taken in the proceedings below and not made a ground of the order nisi - Justices Act 1958 (No. 6282), s89, s158.

Company - Winding up - Permanent stay - When granted - "Proceedings" stayed - Discretionary considerations - Effect on subsequent share transfers - Companies Act 1961 (No. 6839), s227, s243.

Justices - Magistrates' courts - Issue of summons on complaint in special jurisdiction - Complaint made by company without intervention of solicitor - Whether summons validly issued - Justices Act 1958 (No. 6282), s100 - Justices Act Rules, chs. II, III - Legal Profession Practice Act 1958 (No. 6291), s93, s111.

Hire-purchase - Notice of intention to repossess given to hirer - Voluntary return of goods to owner by hirer - Notice under Fourth Schedule not served on hirer - Sale of goods by owner - Rights of owner under hire-purchase agreement determined - Hire-Purchase Act 1959 (No. 6531), s2(2), s9, s12, s13, s14, s15.

Criminal law - Sentence - Offences or convictions subsequent to offence charged - Such matters not to be taken into account in sentencing offender to term of imprisonment - Subsequent offences or convictions to be taken into account as part of the "antecedents" of the offender for the purpose of fixing a minimum term of imprisonment - Whether sentence imposed excessive - Crimes Act 1958 (No. 6231), s376, s534.

Negligence - Worker injured when finger caught in door handle - Issue as to type of handle on door at relevant time - Complaint made to employer's safety officer prior to date of accident and new handles fitted after accident - Nature and relevance of prior complaint - Safety officer not called as witness as to either matter - Inferences open to be drawn as a result of such failure - Direction to jury - Relevance of witness being available to both parties - Relevance of defendant having called other evidence on this issue - Rules of the Supreme Court, O.58, r6.

Evidence - Conflict of evidence as to design of door handle said to have caused accident - Safety officer in employ of defendant who knew of safety problem with handle prior to accident not called as witness by defence - Whether witness equally available to both parties - Relevance of defendant having called other evidence as to those issues - Inferences to be drawn against defendant from failure to call witness - Proper direction to be given.

Courts practice and procedure - Attachment - Attachment for breach of mandatory interlocutory injunction - Service of documents - Failure to prove service on defendant of copy order endorsed with requisite memorandum - Failure to prove service on defendant of copy affidavit of service of order - Whether relief from non-compliance with Rules to be granted - Rules of Supreme Court, O.41, r5; O.52, r4; O.70, r1, r1A.

Partnership - Receiver - Appointment pending hearing of action - Relevance of denial of existence of partnership.

Building contract - Arbitration clause - Disputes between parties concerning matters falling within and outside the clause - Objection to appointment of arbitrator - Exercise of court's discretion to appoint arbitrator - Arbitration Act 1958 (No. 6200), s6.

Sale of land - Subdivision of land - Vendor owner of adjoining lots in an approved plan of subdivision - Compulsory acquisition of part of lot by public statutory body - Sale of remainder - Refusal by Registrar to register transfer - Whether sale disclosed intention by vendor to subdivide the land - Whether plan of subdivision required - Meaning of "land" in "subdividing any land" - Transfer of Land Act 1958 (No. 6399), s95, s97(1) - Local Government Act 1958 (No. 6299), s569(1)(b).

Criminal law - Sentence - Appeal by Crown against sentence - Malicious wounding of police officer in the course of his duties - Plea of guilty - Prior convictions admitted by offender - Released on bond to be of good behaviour for two years - Judge acted on assumption that offender had "not been in any further trouble in the meantime" - Miscarriage of judge's decision - Relevance of subsequent convictions in determining punishment - Principles to be applied in the imposition of punishment.

Gaming and betting - Whether house unlawfully used for the purpose of betting - No evidence of authority or permission from owner to use the premises - Proof of use of premises other than for unlawful use for betting - Evidence that betting business being carried on - Degree of control exercised in relation to premises beyond mere betting activities observed - House locked and defendants observed answering two telephones and using certain facilities in house - Lotteries Gaming and Betting Act 1966 (No. 7429), s18(1)(a).

Motor car - Statutory requirement that driver furnish sample of breath for analysis - Driver under arrest at time requirement made that he furnish sample - Common law principle against self-incrimination - Discretion to exclude evidence on ground that unfairly obtained - Motor Car Act 1958 (No. 6325), s80F - Crimes Act 1958 (No. 6231), s460.

Will - Construction - Gift of residuary estate "for the Rationalist Association of Australia Limited for its general purposes" - Donee a company limited by guarantee - Donee takes as absolute beneficial owner - Relevance of objects for which company incorporated.

Marketing of primary produce - Purchase of eggs from producer of eggs - Claim by purchaser that eggs delivered to him as producer for seed for his use - Character of purchase - Marketing of Primary Products Act 1958 (No. 6304), s21.

Local government - Breach of statutory duty - Regulation conferring civil rights and imposing civil duties - Validity of regulation - Local Government Act 1958 (No. 6299), s925, s926 - Uniform Building Regulations, reg301, reg1604(a)(i).

Statutory interpretation - Regulation conferring private right of action - Regulation conferring civil rights and imposing civil duties in respect of subject-matter dealt with therein - Breach of statutory duty - Local Government Act 1958 (No. 6299), s925, s926 - Uniform Building Regulations, reg301, reg1604(a)(i).

Courts practice and procedure - Want of prosecution of action - Action claiming mandatory injunction to enforce restrictive covenant - Inordinate and inexcusable delay of plaintiffs - Likelihood of serious prejudice to defendant by delay - Detriment to defendant whilst awaiting trial of action - Exercise of discretion to dismiss action.

Strata titles - By-laws - Meeting of proprietors passing by-laws dealing with use and enjoyment of common property - Resolutions not unanimous - Whether by-laws amount to "amendment" of First Schedule to Strata Titles Act - Whether valid - Whether proper exercise of power of amendment - Uncertainty - Strata Titles Act 1967 (No. 7551), s13(1), s24, First Schedule, by-law 3(a) and (b), Second Schedule.

Customs and excise - Customs duties - Value of goods for duty - Goods manufactured to order exclusively for importer - Goods sold on terms that none of the goods would be manufactured for or sold to other persons - Importer disposing of goods by direct selling methods - "Current domestic value" - Customs Act 1901-1971 (Com.), s153A, s154, s160.

Limitation of actions - Personal injuries suffered by infant in course of surgical and post-operative treatment - Application for extension of period within which action may be brought - Whether material facts "not known" to infant - Infant in custody of parents possessing information of material facts before expiration of limitation period - Knowledge of material facts relates to the personal or actual knowledge of the claimant - Evidence sufficient to establish cause of action - Discretion of court to extend period within which an action may be brought - Limitation of Actions Act 1958 (No. 6295), s3, s5(6), s23, s23A - Limitation of Actions (Personal Injuries) Act 1972 (No. 8300).

Criminal law - Kidnapping - Charge that "with intent to demand from Her Majesty's Minister of Education... or from some other person or persons" payment of ransom money - Intent that ransom be paid out of public funds - Not necessary that any "person" pay money personally - Discharge of jury in course of trial - Approach made to juror by stranger - Discretion of trial judge - Principles applicable - Relevance of length of trial - Cross-examination of accused upon statements alleged to have been made to persons not called by Crown - Admissibility - Fairness - Identification parade - Whether unlawfully conducted - Admissibility of evidence - Exercise of discretion - Juror - Questions asked by juror - Whether indicative of juror having pre-judged trial - Duty of jury - Discharge of jury - Discretion - Crimes Act 1958 (No. 6231), s63A.

Evidence - Criminal trial - Kidnapping - Wife of accused called by Crown as witness - Amendment to legislation making wife of accused compellable witness - Amendment subsequent to crime and subsequent to marriage of witness to accused - Effect of legislative amendment - Retrospectivity - No accrued "right" or "privilege" in witness - Crimes Act 1958 (No.6231), s400(3), as amended by Act No.8410 - Acts Interpretation Act 1958 (No. 6189), s7(2).

Evidence - Criminal trial - Kidnapping - Evidence led by Crown of conversations by accused with third persons some months prior to crime relating to plan or scheme to kidnap a person for ransom - Admissibility - Sufficient nexus in time and subject-matter - Prejudice to accused.

Evidence - "Recent" invention - Evidence of conversation between witness and accused - Cross-examination as to failure of witness to disclose to police information as to these conversations - Cross-examining counsel disclaiming intention to impute "recent" invention but asserting "invention" - Ruling that "recent invention" imputed - Re-examination as to prior statements by witness and evidence called by Crown of other witnesses as to such statements - "Recent invention" rule - Principles applicable.

Limitation of actions - Infant - Extension of limitation period - Whether infant "in the custody of a parent" at time of accrual of right of action - At relevant date infant plaintiff aged 17 and living at the house of her grandparents with immediate members of her family including her mother - Infant an apprentice hairdresser and paying a small amount of board - Meaning of "custody" and test to be applied considered - Limitation of Actions Act 1958 (No. 6295), s5(6), s23(1).

Landlord and tenant - Lease - Lessor conferring right of pre-emption on lessees - Lease creating periodic tenancy to continue for a period of 20 years at least - Assignment by lessees of unexpired portion of term of 20 years - Assignment creating sub-tenancy - Lessees retaining right of pre-emption - Whether right of pre-emption exercised.

Administrative law - Exercise of discretion by public authority - Declaratory relief sought against public authority by private individual - Application to council for permission to desludge septic tank - Permission refused on ground of non-compliance with policy of council - Policy founded on considerations irrelevant to purpose for which discretion given to council - Septic Tank Regulations 1932.

Prerogative writs - Prohibition - Natural justice - Teachers Tribunal - Appeal by teacher against rejection of application for promotion - Quasi judicial function - Bound by principles of natural justice - Failure of Tribunal to disclose contents of references to teacher - Whether denial of justice - Teaching Service Act 1958 (No. 6391).