Infants and children - Ward of Court - Custody - Adoption - Access - Guardianship - Role to be accorded to putative father - Application to Supreme Court that natural children of father be made wards of court and that father have access - Application for adoption pending in County Court by mother and her spouse - Whether the putative father's consent to adoption is required by statute - Extent and effect of parental jurisdiction of Supreme Court - Supreme Court may determine whether or not children should be adopted - Effect on adoption proceedings in County Court considered - Constitution Act 1975 (No.8750) s85 - Status of Children Act 1974 (No.8602) s3(1), s5, s12 - Adoption of Children Act 1964 (No.7147) s4(1), s23, s29(2), s31 - Adoption of Children Rules 1965 r23(1) - Marriage Act 1958 (No.6306) s147.

Matrimonial causes - Jurisdiction of Supreme Court - Marriage dissolved under Matrimonial Causes Act - Subsequent application under Family Law Act seeking variation of access order and that party be held in contempt and restrained from harassing child of marriage - Whether proceedings a "matrimonial cause" - Whether divorce proceedings "pending" or completed - Whether application could be treated as a continuation of pending proceedings - Proclamation ousting jurisdiction of Supreme Court from 1 June 1976 - Application instituted thereafter - Whether decree made under Matrimonial Causes Act may be registered and enforced in Family Court - No power to punish for contempt of Supreme Court - Order made under repealed Act - Family Law Act 1975-1976 (Com.), s3(2)(c), s4(1), s9, s35, s39(1), s40, s105, s108 - Family Law Regulations, reg129.

Motor vehicles - Statute requiring agreement for sale of motor car to be in writing and contain specified matters - Purchaser may apply to Magistrates' Court for an order that the sale be rescinded for non-compliance - Provision not restricted to sale by "motor car trader" - Scope of jurisdiction to make discretionary orders - Agreement cannot be rescinded merely because it was not in writing - Prejudice and disadvantage to the parties to be considered - Rescission must stem from fact that sale did not comply with statute - Complaints as to the condition of the vehicle and other alleged breaches of contract not relevant - Contract discharged - Discharged contract cannot be rescinded - Motor Car Traders Act 1973 (No. 8408), s30, s46.

Magistrates' Court - Jurisdiction to make discretionary orders rescinding agreement for sale of motor car - Statutory right of purchaser to make such an application - Statute requiring agreement for sale to be in writing and to contain certain matters - Provision not restricted to sale by "motor car trader" - When rescission may be ordered - Rescission must stem from fact that sale did not comply with statute - Alleged defects in vehicle and other alleged breaches of contract not relevant - Agreement cannot be rescinded merely because it was not in writing - Prejudice and disadvantage to the parties to be considered - Contract discharged - Discharged contract cannot be rescinded - Motor Car Traders Act 1973 (No. 8408), s30, s46.

Death duties - Probate duty - Final balance - Allowable deductions - Gifts for public educational purposes in Victoria - Gifts to any organization or fund established and maintained for the purposes of providing money for public educational purposes - Probate Duty Act 1962 (No.6890), s21(1)(a) and s21(1)(b).

Animals - Negligence - Highway - Collision between motorcyclist and steer on public road - Propensity of steer to stray - Occupier of land adjoining highway under no duty to fence or prevent cattle straying onto highway - Rule in Searle v Wallbank applicable in Victoria - Statutory provisions exposing owner of straying cattle to penalty - Breach of statutory provisions - Breach not conferring private right of action - Whether "special circumstances" imposing duty of care - Local Government Act 1958 (No.6299), 15th Sched. CL41 - Country Roads Act 1958(No.6229), s73(1), s73(3) - Summary Offences Act 1966(No.7405) s8(d).

Building Contract - Variations - Extent of variations not to alter moneys payable by more than a reasonable amount - Plans and drawings extensively amended - Defendant requiring plaintiff to carry out altered and increased works - Whether a variation - Whether repudiation of the contract - General Conditions of Contract for Civil Engineering Works, CL401.

Costs - Payment into court - Defective notice including workers compensation payments - Judgment for plaintiff - Amount recovered by plaintiff - Declaration as to workers compensation payments - Workers Compensation Act 1958 (No. 6419), s79(2) - Rules of Supreme Court, O.22, r6, O.70.

Evidence - Expert witness - Opinion evidence to effect that person found driving a motor car had blood alcohol concentration below that stated in certificate - Witness rejected as an expert witness - Witness almost completed a diploma course of applied chemistry and with interests in relation to blood alcohol studies - Trial court's discretion to accept witness as an expert considered - Such decision will not be reviewed unless discretion abused or court proceeds upon erroneous legal standards.

Motor traffic - Driving motor car whilst percentage of alcohol in blood exceeded .05 per centum - Expert evidence sought to be tendered to reduce blood alcohol reading disclosed in certificate - Qualifications and competency of witness to express such expert opinion - Discretion to accept witness as an expert - Motor Car Act 1958 (No. 6325), s81(A)(1).

Courts practice and procedure - Case stated for determination by Supreme Court - Appeal to County Court - Hearing of appeal not concluded when case stated - Whether case can be stated during the currency of an appeal - Supreme Court may "determine" the appeal - Whether case stated prematurely and a nullity - Magistrates' Court Act 1971 (No. 8184), s85(1).

Companies - Petition for winding up - Failure to comply with demand under s222(2)(a) Companies Act 1961 - Application for interlocutory injunction to restrain the presentation of petition for winding up - Principles upon which the presentation of petition may be restrained.

Injunction - Interlocutory injunction - Application to restrain presentation of petition for winding up of company - Principles upon which presentation of petition may be restrained.

Criminal Law - Theft - Dishonest appropriation of property of another - Proof that property belonged to specific person not required - Crimes Act 1958 (No. 6231), as amended by No. 8425, s72.

Statutes interpretation - Stamp duty - Trust deed - Whether dutiable in respect of issue of debentures subscribed for privately - Appeal from assessment - Stamps Act 1958 (No.6375), s33, s137D(1) and s137D(2).

Industrial law - Industrial Appeals Court - Court exercising appellate function - Application of principles of natural justice - Test of bias - Availability of prerogative writs - Prohibition.

Industrial law - Industrial Appeals Court - Court exercising appellate function - Lay member of Court - Experience and knowledge of particular facts - Duty to disclose same - Use to be made thereof - Labour and Industry Act 1958 (No. 6283), s44(1). S44(1) of the labour and Industry Act 1958 provides: "The Industrial Appeals Court shall in every case be guided by the real justice of the matter without regard to legal forms and solemnities and shall direct itself by the best evidence the Court can procure or that is laid before the Court whether or not it is evidence such as the law would require or admit in other cases."

Prerogative writs - Prohibition - Industrial Appeals Court - Availability of prerogative writ.

Barristers and Solicitors - Deficiency in trust account of solicitor - Application by receiver of property of solicitor - Examination on oath of auditor of trust account of solicitor - Whether examination to be conducted before a Judge or Master - Legal Profession Practice Act 1958 (No. 6291), s104N(1).

Damages - Wrongful dismissal - Whether in assessing damages income tax which would have been payable from earnings had employee not been dismissed must be deducted - Principle of Gourley's case considered - Damages awarded taxable under s26(d) and not s26(j) of Income Tax Assessment Act - Damages taxable to extent of 5% only - Gourley's case not applicable - No deduction should be made in assessing damages for income tax.

Income tax - Damages awarded for wrongful dismissal - Whether award assessable - Capital or income - Award assessable to the extent of 5% and no more - Damages not wholly assessable as indemnity for any loss of income - Legislative code prescribed whereby all payments for employment or retirement of employment subject to income tax as provided for in statute - Difficulties of Income Tax Commissioner not being a party to court's award of damages considered - Income Tax Assessment Act 1936-1974 (Com.) s26(d), s26(e) and s26(j).

Evidence - Privilege - Information derived by medical practitioner in attending patient - Not admissible without consent of patient - Consent to admission by next friend or guardian ad litem on behalf of patient under disability - Evidence Act 1958 (No. 6246), s28(2).

Criminal law - Murder - Lawful excuse - Killing in defence of a third person - Requirements of honest belief of imminent danger and reasonable grounds for such belief - Direction to jury.

Evidence - Document used to refresh memory - Cross-examination upon document on matters beyond those upon which memory refreshed - Right of party calling witness to require cross-examiner to tender document - Right available only during cross-examination.

Injunction - Interlocutory injunction - Injunction to restrain payment of moneys - Sub-contractor seeking to restrain payments of money due to contractor under the head contract - Whether "just or convenient" - Injunction refused - Supreme Court Act 1958 (No.6387), s62(2).

Courts practice and procedure - Appeal from Magistrates' Court to County Court - Order nisi requiring County Court judge to show cause why facts should not be stated for determination of the Supreme Court - Onus on applicant - Order absolute if applicant establishes a prima facie or arguable case - Magistrate's Courts Act 1971 (No. 8184), s85.

Partnership - Implied authority - Bill of exchange addressed to firm - One partner accepted bill by signing her name - No signature of firm name or by other partner - Whether acceptance binding on other partner - No liability of other partner - Bills of Exchange Act 1909 (Com.), s92, s97.

Bills of Exchange - Bill accepted by one defendant - Assignment by drawer of its rights against the acceptor - Subsequent refusal by acceptor to pay - Relationship between drawer and acceptor - Bills of Exchange Act 1909 (Com.), s26, s52, s59,s62 and s64.

Assignment - Drawer of bill of exchange purporting to have assigned rights against the acceptor - Whether "debts" or "other choses of action" within meaning of s134 Property Law Act - Whether deed effective to assign the rights - Property Law Act 1958 (No. 6344), s134.

Workers compensation - Common law action by worker for damages for negligence against employer - Action against employer defeated by defence of statute of limitations - Action also against solicitor for professional negligence - Application for remission of action against employer to Workers Compensation Board for assessment of compensation - Application made after workers compensation proceedings commenced - Plea in compensation proceedings that election to take common law action precluded worker from obtaining compensation - Application may be made after entry of judgment against worker - Proof by affidavit of matters required to be proved for application to succeed - Determination in action that injury was one for which employer not liable - Legal liability of employer to pay compensation established - Action dismissed if dismissed against employer - Power of Board to deduct costs of action from compensation awarded in the circumstances - Effect of abolition of election proceedings in Act considered - Workers Compensation Act 1958 (No. 6419) s63(1).

Companies - Takeover offer - Variation of offer - What constitutes a variation of offer - Variation cannot be made after offer has lapsed - Interpretation of s180L(5) - Relief against non-compliance with requirements of Act - Relief refused - Companies Act 1961 (No. 6839), s180A, s180C, s180L, s180R, s180S.

Courts practice and procedure - County Court - Case stated to Supreme Court - Form of case stated - Case stated remitted to trial judge to state further facts.

Criminal Law - Practice - Joint trial - Close of case for prosecution - Counsel for first accused announcing that he proposed to adduce evidence - Counsel for second accused submitting no case to answer - Whether counsel for second accused required to announce what course of defence accused proposed to follow - Announcement deferred until all evidence given on behalf of co-accused - Crimes Act 1958 (No. 6231), s418 substituted by Act No. 8870.

Courts practice and procedure - Precedent - Decision of the House of Lords should be followed unless inconsistent with decision or observations of High Court or Full Court of Supreme Court.

Motor Traffic and Motor Vehicles - Breath test - Person authorized by the Chief Commissioner of Police to operate a breath analysing instrument - Chief Commissioner at the time of authorization no longer Chief Commissioner at time instrument operated - Whether authorization valid - Motor Car Act 1958 (No. 6325), s80F(1).

Administration and probate - Testator's family maintenance - Admissibility of deceased's statements as to relationship with applicant - Reasons of deceased for excluding adult son from will - Statements of deceased not to be used as evidence of truth of facts stated - Statements may be admitted to show testator's belief in facts so stated - Statements may be admitted to show state of testator's beliefs concerning applicant when instructions given for making of will - Credibility of applicant in issue - Application for provision for adult son refused - Whether time for appeal should be extended - Administration and Probate Act 1958 (No. 6191), s96.

Courts practice and procedure - Application to extend time for appealing - Claim for provision from estate of mother by son dismissed - Delay of about six months before extension of time for appealing sought - Principles to be applied considered - Possible injustice to all parties to be considered - Prospects of success of appeal to be considered - Costs - Whether security for costs should be ordered - Rules of the Supreme Court O.58, r1A(b), O.58 r16, O.64, r6.

Evidence - Testator's family maintenance - Evidence offered as to testatrix's statements concerning relationship with applicant - Hearsay - Statements not to be used as evidence of truth of facts stated - Extent of admissibility of such statements considered - Evidence relevant to show belief of testator - Evidence may be offered to show state of mind of testator when instructions given for will - Whether testator understood existence or strength of applicant's claim on bounty.

Testator's family maintenance - Application by adult daughter made within six months of date of probate - Final distribution of the estate purported to be made within six months of date of probate and prior to the making of the daughter's application - No portion of the estate remaining in the hands of the executor at date of hearing - Daughter's claim not defeated - Relevance and admissibility of statements of testatrix - Administration and Probate Act 1958 (No. 6191), s99.

Criminal law - Bail - Bail pending appeal against sentence - Crimes Act 1958 (No.6231) s582.

Criminal law - "Loiters" - Meaning of - Reputed thief loitering in a public place with intent to commit a felony - Vagrancy Act 1966 (No. 7393), s7(1)(f).

Sale of land - Vendor's action for specific performance - Sale to RHT "for himself or as agent for an undisclosed principal" - Contract thereafter signed by this person as "purchaser" - Whether uncertainty as to identity of purchaser - Whether s126 and s127 of the Instruments Act 1958 precluded enforcement of contract - Whether contract should be specifically enforced - Misrepresentation as to zoning of land under planning scheme - Fraudulent misrepresentation of law inducing contract - Fraudulent misrepresentation of law actionable - Purchaser's right to rescind considered - Return of deposit and interest thereon - Damages - Legal expenses incurred in rescission - Claim for procuration fee payable for negotiating loan - Instruments Act 1958 (No. 6279), s126, s127

Contract - Uncertainty - Sale of land to RHT "for himself or as agent for an undisclosed principal" - Vendor not precluded from enforcing contract under s126 and s127 of the Instruments Act 1958 - Whether contract should be specifically enforced - Fraudulent misrepresentation by vendor's agent of zoning of land under planning scheme - Whether misrepresentation as to law or fact - Misrepresentation of law actionable - Purchaser's right to rescind - Return of deposit and interest thereon - Damages - Instruments Act 1958 (No. 6279), s126, s127.

Evidence - Public servant at risk of suffering penalties and forfeitures for offences with which he was charged under Public Service Act 1974 - Refusal to answer questions when called as a witness before a Board of Inquiry - Claim of privilege against self-incrimination - Consideration of common law doctrine of privilege from self-incrimination - Nature of penalties and forfeitures to which doctrine extends - Nature of penalties under Public Service Act - Privileges and immunities of a witness appearing before a Board of Inquiry - Evidence Act 1958 (No. 6246), s15, s16 , s20, s21A, s29 and s30 - Public Service Act 1974 (No. 8656) s59 and s63.

Contract - Assignment - Bill of sale - Assignment subject to equities - What cross-claims constitute equities - Purchase of business by written contract of sale - Bill of sale to secure balance amount due - Assignment of bill of sale to purchaser for value and without notice - Fraudulent misrepresentation by original grantee - Breach of contract and warranty by original grantee - Fraud inducing contract not available as an equity against assignee - Claim for damages for breach of contract other than that assigned not available as an equity against assignee - Purchaser not able to rescind contract - Assignee not subject to defences available against assignor - Property Law Act 1958 (No. 6344), s134.

Criminal law - Bail - Principles to be applied in relation to grant and refusal of bail - Charge of murder - Common law rules unchanged as to bail in relation to charge of murder - Bail Act 1977 (No. 9008), s4, s13 - Crimes(Capital Offences) Act 1975 (No. 8679).

Local Government - Private street construction - Arbitration - Objection that street proposed to be constructed not a private street or a street which might be constructed under Div. 10 - Evidence that street physically formed and constructed - Evidence that street was physically constructed and that municipality had carried out maintenance work - Circumstances of construction not disclosed by municipal records - Municipal records defective and incomplete - Presumption of regularity - Inference drawn that street previously constructed pursuant to s111 Local Government Act 1891 - Effect of certificate by municipal clerk considered - Local Government Act 1890 (No. 1112), PtXV, s390 and s396, Local Government Act 1958 (No. 6299), s569AA, s575, s600B, s600C.

Evidence - Presumption of regularity - Inference as to circumstances of construction of street.

Estate Agents - Contravention of Estate Agents Act 1958 by estate agent and sub-agent - Cause shown for cancellation of licences - Discretion to cancel licences - Failure to cancel in exercise of discretion - Discretionary power protective not punitive - Considerations relevant to exercise of discretion - Estate Agents Act 1958 (No. 6245), s19(1)(b),(2).

Summary offences - Occupier using premises for purposes of habitual prostitution - Occupation of premises - What constitutes occupation - Vagrancy Act 1966 (No. 7393), s12(1)(a).

Courts practice and procedure - Moneys held in court on behalf of plaintiff "to be paid out to her ... on her attaining the age of 21 years or on further order" - Age of Majority Act 1977 (No. 9075), s3.

Trusts - Charitable trusts - Application for orders under Trustee Act s63 - Attorney-General sued as representing charities - Whether necessary to add charities as parties - Trustee Act 1958 (No.6401), s63.

Criminal law - Consorting - Defendant convicted of habitually consorting with reputed thieves - Onus of giving a "good account" of the consorting - Vagrancy Act 1966 (No. 7393), s6(1)(c).

Courts practice and procedure - Case stated for determination of Supreme Court - Observations upon comments appropriate to be made when ordering a case to be stated.

Arbitration and awards - Arbitrator - Removal of - Misconduct of arbitrator in the course of arbitration - Conduct of proceedings by arbitrator - Principles of natural justice applicable - Effect of breach of principles of natural justice - Arbitration Act 1958 (No. 6200), s12(1).

Courts practice and procedure - Costs - Security for costs of appeal - Appellant ordered to provide security in special circumstances - Impecuniosity of appellant - Relevance of issues to be raised on appeal in deciding whether to order security - RSC O.58, r16.

Partition - Land - Tenants in common - Action for sale under Property Law Act 1958 s223 - Undertaking to purchase plaintiff's share not a defence - Relevant factors in deciding to order sale or partition - Relevance of vindictiveness by plaintiff in seeking sale and not partition - Exercise of discretion in relation to costs - Property Law Act 1958 (No. 6344), s222, s223, s224, s231, s232.

Courts practice and procedure - Interlocutory order - Appeal from interlocutory order - Application to Full Court for leave to appeal - Principles upon which leave is granted by Full Court - Supreme Court Act 1958 (No. 6387), s40(1)(b).

Bailment - Quasi-bailment of mutuum - Money lent - Promise to leave money outstanding for stipulated period - Promise unsupported by valuable consideration - Promisor entitled to resile from promise and sue for money within period.

University of Melbourne - Power of University Council to make regulations requiring students to pay annual general service fee - Obligation or right of University to withhold funds intended to be used by Students' Representative Council for non-University purposes - Constitution of Students' Representative Council - Constitution of Australian Union of Students - Powers - Validity of payments out of students' funds made for non-University purposes by Students' Representative Council - Validity of payment of affiliation fees by Students' Representative Council to Australian Union of Students - Validity of payments for non-University purposes by Australian Union of Students - Melbourne University Act 1958 (No.6405) (as amended by Act No.8638), s4, s15, and s17.

Courts practice and procedure - Parties - Representative order - Sufficiency of common interest between named defendants and all members of Students' Representative Council for purposes of representative order - Jurisdiction to restrain members of unincorporated association from breach of its constitution - RSC, O.16, r9.

Constitutional law - Freedom of interstate trade - Carriage of goods from Melbourne destined for Warrnambool and Mt. Gambier in South Australia - Portion of goods first driven to Mt. Gambier then delivered to Warrnambool - Proof of ownership of vehicle - Whether vehicle being used otherwise than for interstate trade, commerce or intercourse - Whether vehicle had operated on a public highway without being authorized by a licence or permit so to operate - Commercial Goods Vehicle Act 1958 (No.6222), s22(1) - Motor Car Act 1958 (No.6325), s20 - Constitution of Commonwealth of Australia, s92.

Companies - Information acquired by officer of corporation - Improper use of information to gain advantage - Director on board of company A. and company B. - Director aware that company A. considering call on shares - Before call made, company B. selling shares held by it in company A. - Whether improper use of information acquired by director by virtue of his position as an officer of company A. - Companies Act 1961 (No. 6839), s124(2).

Evidence - Burden of proof - Evidence of occurrence of two events in sequence - Inference that events were causally related - Equally probable inference that the events were not connected.

Costs - Relevant considerations in award of costs - Whether costs reasonably incurred - Whether just and reasonable to recover costs from other party.

Acquisition of land - Compensation - Principles applicable in assessing compensation - "Market value", solatium", "direct pecuniary loss" - Lands Compensation Act 1958 (No. 6286), s11B.

Companies - Winding up - Contract by company after presentation of winding up petition - Purchaser acquiring equitable interest - Whether a disposition of property - Discretion of court to validate such disposition - Companies Act 1961 (No. 6839), s227(1).

Criminal Law - Defence of duress - Defence applies only if accused compelled to commit crime - Defence inapplicable if crime committed to evade threat - Defence of necessity.

Courts practice and procedure - Order to review - Additional evidence on return of order nisi - Discretion of court to permit reception of additional evidence - Magistrates' Courts Act 1971 (No. 8184), s93.

Costs - Appeal costs fund - Indemnity certificate - Appeal against decision of a court on a question of law - Grant of indemnity certificate to unsuccessful respondent - Arbitrator appointed under s569AA of the Local Government Act 1958 not a "court" - No jurisdiction to grant indemnity certificate to respondent where appeal against arbitrator's determination succeeds - Appeal Costs Fund Act 1964 (No. 7117), s2, s13(1)(a) - Local Government Act 1958 (No. 6299), s569AA.

Banks and banking - Banker and customer - Bank paying cheques against uncleared cheques deposited by customer - Whether bank negligent or in breach of contract is so doing - Terms of contract between bank and customer - Effect of stipulating that proceeds of cheques not available until cleared - Cheque floating - Duty of care owed by bank in paying customer's cheques - Effect of knowledge by bank of circumstances not known to customer.

Negotiable instruments - Cheque - When cheque becomes a cleared cheque.

Barristers and solicitors - Lien - Nature of solicitor's lien for payment of costs - Written demand for bill of costs - Failure to render sufficient bill - Effect of non-compliance with Solicitors (Professional Conduct and Practice) Rules on common law rights - Legal Profession Practice Act 1958 (No. 6291), s88, s89.

Companies - Production to liquidator of books and papers relating to company - Books and papers held by solicitors claiming lien - Companies Act 1961 (No. 6893), s245(1), s249(3).

Administration and probate - Will and codicil - Practice where validity of codicil in doubt - Executor seeking probate of will alone - Onus of proof on executor - Onus of proof on person seeking to propound codicil - Consent of interested persons gives no jurisdiction to ignore testamentary document - Dependent relative revocation.

Motor traffic - Driver's licence cancelled upon conviction by Magistrates' Court - Driver disqualified from obtaining licence upon conviction by Magistrates' Court - Order nisi to review conviction - Discretionary power of Master granting order nisi to stay order cancelling licence or disqualifying driver - Magistrates' Courts Act 1971 (No. 8184), s88(1), s92 - Motor Car Act 1958 (No. 6325), s81A.

Courts practice and procedure - Order to review - Power to "provide for stay of proceedings" in granting order nisi to review - Magistrates' Courts Act 1971 (No. 8184), s92.

Administration and probate - Whether children were entitled to share in estates - Such question depending on Legitimacy of children and proof of marriage of parents - Father of children living with mother as though they were married for nearly 50 years - No marriage certificate produced - "No. record" searches produced indicating that he had not married in Victoria, New South Wales or Queensland - Statement by father in two birth certificates of children that he had married in New South Wales - Death certificate indicating marriage in Queensland - Admissibility of these and other certificates considered - Letters and other evidence tendered to prove existence of marriage - Proof of marriage by cohabitation and repute - Declarations as to pedigree - Conflict in certificates and other evidence - Proof of existence of marriage and evidence which raised a presumption of marriage - Whether clear and cogent evidence both to rebut presumption and tell against acceptance of actual evidence - Evidence Act 1958 (No.6246), s66 - Registration of Births Deaths and Marriages Act 1959 (No.6564),, s53 - Rules of the Supreme Court O. 16, r9, r32(b).

Evidence - Presumption of marriage - Declarations as pedigree - Hearsay - Admissibility of particulars contained in birth and other certificates from various States of Australia and New Zealand - Admissibility of "no record" searches - Conflict in evidence and certificates produced - Whether proof that children were legitimate and entitled to share in estates - Parents living together as though they were married for nearly 50 years - No marriage certificate produced - Actual evidence of marriage and evidence of marriage and evidence which raised a presumption of marriage - Clear and cogent evidence both to rebut that presumption and tell against acceptance of actual evidence - Evidence Act 1958 (No.6246), s66 - Registration of Births Deaths and Marriages Act 1959 (No.6564), s53.

Companies - Receiver and manager appointed by court - Powers of such receiver and manager - Duty to preserve assets - Appointment to "collect get in and receive" - No general power of sale - Jurisdiction of court to order sale of assets after appointment of receiver - Principles to be considered before ordering sale - Supreme Court Act 1958 (No. 6387), s62(2) - RSC O.51 r1 - Co-operation Act 1958 (No. 6225), s48A(1).

Death duties - Probate duty - Gifts by deceased to members of his family - Gift duty paid by deceased - Whether deceased had a right of contribution from donees in respect of a half share of gift duty paid - Intention of parties that no right of contribution - Assessment of probate duty upon half share of gift duty paid - Whether this amount was a debt owed to the estate of the deceased - Probate Duty Act 1962 (No.6890).

Sale of land - Judgment in default for specific performance - Purchaser discharging mortgages at settlement to obtain unencumbered title - Amount paid by purchaser to obtain unencumbered title exceeding purchase price - Nature and extent of liability of vendor under mortgages not known at time of entry of judgment - Purchaser entitled to judgment for damages for amount paid in excess of purchase price.

Courts practice and procedure - Building cases list - Summons for directions - Order for determination of question or issue before trial of action - Interlocutory order - Leave to appeal - Rules of Supreme Court O. 40, r2; O.36, r8; Ch II, O.4, r1, r4, r7 - Supreme Court Act 1958 (No. 6387), s40(1)(b).

Building contracts - Building cases list - Summons for directions - Order for determination of question or issue before trial of action - Rules of Supreme Court Ch II, O.4, r1, r4, r7.

Vendor and Purchaser - Rescission of contract by vendor - Vendor not entitled to unpaid balance of deposit.

Local government - Rating - Rateability of space used in a highway - Gas mains laid beneath public streets - Whether gas mains other plant and encrustations constitute "land" - Whether gas company an "occupier" of its gas mains - Space beneath streets used by other public authorities with statutory powers to interfere with gas mains - Precise whereabouts of gas mains unknown - Whether gas mains sufficiently described for rating purposes - Whether notices of assessment and statements of rate and valuations invalid - Land sufficiently described and identified - Local Government Act 1958 (No. 6299), s251(1), s262, s299(1), s341, s535(2) - Valuation of Land Act 1960 (No. 6653), s36, s37(1).

Company law - Receivers and managers - Liquidators - Debenture holder - Whether receivers and managers are bound to hand over property of company to liquidators - Meaning of "receiver of the company" - Whether receivers "officers of the company" - Whether disputes as to entitlement to property - Stamp duty - Insufficiently stamped debenture - Whether s30 of the Stamps Act 1958 operated to render debenture inadmissible in evidence - Companies Act 1961 (No.6839), s263(3) - Stamps Act 1958 (No.6375), s30,s137F.

Companies - Articles of association - Articles specifying maximum number of shares which might be held by any one member - Member purchasing shares in excess of maximum permitted number - Effect of such transaction - Transfers of those shares not registered - Vendors of those shares granting proxies to nominees of the purchaser - Power to appoint proxies - Power of appointing proxies not validly exercised in the context of the scheme - Companies Act 1961 (No. 6849), s141(1).

Contempt of court - Litigation pending in respect of newspaper article - Comment subsequently published by same newspaper - Whether comment likely to prejudice fair trial - Continuing discussion upon a matter of public interest or concern - No contempt.