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20 VLR(111 results)

Cases reported in this volume of the Victorian Reports

THE BANK OF NEW SOUTH WALES v. PRESTON20 VLR 1

HOOD, J.·20 Feb 1894·Supreme Court of Victoria

Practice"Rules of the Supreme Court 1884" — Order XLII., r. 23 — Assignment of judgment debt — Leave to issue execution — Order XXI., r. 17 — Judgment for balance where judgment has been entered for both parties.

HARLEY v. MATTHEWS20 VLR 4

WILLIAMS, J.·14 Feb 1894·Supreme Court of Victoria

PracticeCounty Court Act 1890 (No. 1078), s. 50 — Summons to remit action to County Court — Time within which application to remit is to be made — Computation of time — Entry of appearance by defendant before application to remit.

THE MELBOURNE NATIONAL PROPERTY, LAND, AND INVESTMENT CO. LIMITED v. BOYD20 VLR 6

WILLIAMS, J.·19 Feb 1894·Supreme Court of Victoria

Practice"Rules of the Supreme Court 1884" — Order III., r. 6 — Order XIV., r. 1 — Specially indorsed writ — Claim for interest under articles of association of a company in liquidation.

ROURKE v. THE VICTORIAN FINANCE GUARANTEE AND SHARE CO. LIMITED20 VLR 8

WILLIAMS, J.·28 Feb 1894·Supreme Court of Victoria

"Rules of the Supreme Court 1884"Order XIV., r. 1, use of more than one affidavit by plaintiff in applications under — "Verifying cause of action," meaning of — Landlord and tenant — Notice to quit, signature to.

IN RE BARRETT20 VLR 11

MADDEN,C.J., HOLROYD, and HODGES, JJ.·1 Mar 1894·Supreme Court of Victoria (Full Court)

Taxation of costs"Rules of the Supreme Court 1884" — Order LXV., r. 27., sub-r. 41 — Review of taxation — Extension of time for review.

SKRIMSHIRE v. THE MELBOURNE BENEVOLENT ASYLUM20 VLR 13

MADDEN, C.J., HOLROYD, and HODGES, JJ.·5 Mar 1894·Supreme Court of Victoria (Full Court)

WillLegacy to executors — Priority — Abatement — Administration and Probate Act 1890 (No. 1060), s. 26 — Costs.

IN RE THE CROWN INVESTMENT AND TRAMWAY CO. LIMITED20 VLR 19

MADDEN, C.J. HOLROYD, and HODGES, JJ.·6 Mar 1894·Supreme Court of Victoria (Full Court)

CompanyCompanies Act 1890 (No. 1074), s. 124 — Voluntary liquidation — Balance order — Exparte application for balance order — Materials on which balance order may be made.

EXPARTE STAFFORD20 VLR 23

MADDEN, C.J., HOLROYD, and HODGES, JJ.·7 Mar 1894·Supreme Court of Victoria (Full Court)

Local Government Act 1890 (No. 1112), s. 191, sub-s. (viii.) (xix.)By-law unreasonable — By-law quashed — Nightsoil, regulations as to carting of.

GLADWYN v. BELL20 VLR 26

WILLIAMS, J.·7 Mar 1894·Supreme Court of Victoria

County CourtPractice — The County Court Act 1890 (No. 1078), s. 49 — Action stayed on payment — Costs, jurisdiction to award.

CHRISTIE v. NEWSON20 VLR 28

HOLROYD, J.·8 Mar 1894·Supreme Court of Victoria

Justices Act 1890 (No. 1105), s. 141Order nisi to review — Omission to insert date in — Jurisdiction of Court to rectify its orders.

HUON v. DOUGHARTY20 VLR 30

MADDEN, C.J., HOLROYD, and HODGES, JJ.·9 Mar 1894·Supreme Court of Victoria (Full Court)

GuarantyPartnership — "Retirement," meaning of — Liability of estate of deceased partner.

MARWICK v. ORTON20 VLR 33

MADDEN, C.J., A’BECKETT, and HODGES, JJ.·26 July 1894·Supreme Court of Victoria (Full Court)

"Rules of the Supreme Court 1884'"Order LXV., r. 27, sub-r. 41 — Order LXV., Appendix N — Costs — Review of taxation — Meaning of "trial" — Fee of managing clerk as on trial — Originating summons referred into Court.

THE MAYOR, ETC., OF THE CITY OF MELBOURNE v. THE MELBOURNE TRAMWAY AND OMNIBUS CO. LIMITED20 VLR 36

MADDEN, C.J., HOLROYD, and HODGES, JJ.·12 Mar 1894·Supreme Court of Victoria (Full Court)

RatingTramways — Act 27 Vict. (No. 178), s. 42 — "Outgoings," what are — "The Melbourne Tramway and Omnibus Company's Act 1883" (No. 765).

BENNETT v. HOWARD20 VLR 50

HOOD, J.·19 Mar 1894·Supreme Court of Victoria

County Court Act 1890, ss. 51 and 68Action commenced in Supreme Court — Application to remit to County Court — Procedure — Visible means of paying defendant's costs — Onus of proof — Action of tort — Jurisdiction of County Court.

SMITH v. SYME20 VLR 56

HOOD, J.·22 Mar 1894·Supreme Court of Victoria

County Court Act 1890 (No. 1078), s. 51Remission of action to County Court — Visible means of paying defendant's costs, burden of proof — Action fit to be prosecuted in Supreme Court, what is.

WHEELDON v. PARKIN20 VLR 60

HOOD, J.·21 Mar 1894·Supreme Court of Victoria

Mines Act 1890 (No. 1120), s. 315Appeal — Compensation — Power of warden.

IN RE THE FARMERS’ PRODUCE COMPANY LIMITED20 VLR 62

MADDEN, C.J., HOLROYD, and HODGES, JJ.·14 Mar 1894·Supreme Court of Victoria (Full Court)

TrusteeCestui que trust — Following trust moneys.

CAMERON v. MOORE20 VLR 66

MADDEN, C.J., HOLROYD, and HODGES, JJ.·14 Mar 1894·Supreme Court of Victoria (Full Court)

Water Act 1890 (No. 1156), ss. 107, 108, 110Waterworks trust — Local governing body — Rates recoverable from owner or occupier — Form of complaint — Proceedings in name of officer appointed to recover rates.

CHAPMAN v. CAROLIN20 VLR 71

MADDEN, C.J., HOLROYD, and HODGES, JJ.·15 Mar 1894·Supreme Court of Victoria (Full Court)

Insolvency Act 1890 (No. 1102), ss. 16, 65Action for conversion of goods not exceeding 250l. — Jurisdiction of Supreme Court — Right of assignee to follow and seize insolvent's property in house of third person.

MADDOCK v. PEACOCK20 VLR 78

MADDEN, C.J., HOLROYD, and HODGES, JJ.·16 Mar 1894·Supreme Court of Victoria (Full Court)

The Instruments Act 1890 (No. 1103), s. 153Contract of sale and letting and hiring — Statement of consideration.

THE MOE COAL MINING CO. LIMITED v. LITHGOW20 VLR 80

MADDEN, C.J.·19 Mar 1894·Supreme Court of Victoria (Full Court)

The Mines Act 1890 (No. 1120), ss. 49, 50The Mines Act 1890, No. 2 (No. 1202) — The Mines Act 1891, No. 2 (No. 1251) — "Elective body corporate" — Meaning of — Applicant for mineral lease — Right to have compensation determined — Prohibition — Jurisdiction of warden.

FARRINGTON v. SMITH20 VLR 90

HOLROYD, J.·18 Apr 1894·Supreme Court of Victoria

"Rules of the Supreme Court 1884"Order III., r. 6 — Order XIV., r. 1 — Transfer of Land Act 1890 (No. 1149), s. 124 — Mortgage — Position of mortgagor in default — Summary ejectment by mortgagee — Landlord and tenant, tenancy of mortgagor.

HERRING v. HARROP20 VLR 93

HOLROYD, J.·30 Apr 1894·Supreme Court of Victoria

"Rules of the Supreme Court 1884"Order III., r. 6 — Order XIV., r. 6 — Specially indorsed writ — Married woman — Separate estate.

COLVIN v. DALY20 VLR 94

A’BECKETT, J.·9 May 1894·Supreme Court of Victoria

"Rules of the Supreme Court 1884"Order III., r. 6 — Order XIV., r. 1 — Specially indorsed writ — No signature to indorsement — Leave to amend.

RE DE MERY20 VLR 95

A’BECKETT, J.·9 May 1894·Supreme Court of Victoria

Licensing Act 1890 (No. 1111), s. 101Renewal of licence — Refusal of licensee to produce licence for a certificate of renewal.

IN RE SMART & WALKER20 VLR 97

HOOD, J.·10 May 1894·Supreme Court of Victoria

InsolvencyPetition to sequestrate — Improper motive — Abuse of process of Court — Practice — Power of judge to call petitioning creditor as witness — Witness.

IN RE SMIDT20 VLR 103

PER CURIAM.·15 Mar 1894·Supreme Court of Victoria (Full Court)

The Lunacy Act 1890 (No. 1113), s. 6Lunatic — Criminal lunatic — Lunatic asylum.

IN RE SAMPSON20 VLR 105

MADDEN, C.J., HOLROYD, and HODGES, JJ.·16 Mar 1894·Supreme Court of Victoria (Full Court)

Insolvency Act 1890 (No. 1102), ss. 14, 140Certificate application, order upon — Offences by insolvent — Jurisdiction of Court of Insolvency to commit insolvent.

SPEIGHT v. SYME20 VLR 107

MADDEN, C.J., HOLROYD, and A’BECKETT.·3 Apr 1894·Supreme Court of Victoria (Full Court)

Supreme Court Act 1890 (No. 1142), ss. 47, 51"Rules of the Supreme Court 1884" — Order LXIII., rr. 1, 3, and 4 — Vacation — Power of Court to sit during vacation — Order LXV., rr. 1 and 2 — Costs of issue — Joinder of several causes of action, judgment how entered on verdict on one cause — Practice — Judgment.

IN RE CROMIE20 VLR 124

MADDEN, C.J., A’BECKETT, and HOOD, JJ.·8 May 1894·Supreme Court of Victoria (Full Court)

Insolvency Act 1890 (No. 1102), ss. 11, 154The Insolvency Rules 1890, r. 140 — Appeal from Court of Insolvency, notice of — "Opposite party," meaning of — Composition with creditors — Cancellation of registration of resolution — "Creditor," meaning of.

IN RE CROMIE20 VLR 131

HOOD, J.·29 May 1894·Supreme Court of Victoria

Appeal to Privy CouncilPractice — The Supreme Court Act. 1890 (No. 1142), s. 231 — Order in Council — Final determination of merits of case.

DRAPER v. FRIEND20 VLR 134

HOOD, J.·30 May 1894·Supreme Court of Victoria

Practice"Rules of the Supreme Court 1884" — Order LXV., r. 14 — Costs — Set-off — Solicitor's lien.

ANDREWS v. ROACH20 VLR 136

HOOD, J.·31 May 1894·Supreme Court of Victoria

Customs and Excise Duties Act 1890 (No. 1082), ss. 145, 14613th Schedule — Brewer's licence — Business of brewing — Licensing Act 1890 (No. 1111), s. 182 — Selling liquor without a licence.

BERGIN v. DIXON20 VLR 140

A’BECKETT, J.·27 Apr 1894·Supreme Court of Victoria

Instruments Act 1890 (No. 1103), s. 132Deed of assignment for benefit of creditor — Bill of sale — Registration.

SEIDEL v. KOHN20 VLR 145

HOOD, J.·13 June 1894·Supreme Court of Victoria

Instruments Act 1890 (No. 1103), s. 132Bill of sale — Deed of assignment for benefit of creditors — Registration.

IN RE THE McKAY HARVESTING MACHINERY COMPANY20 VLR 153

HOOD, J.·21 Mar 1894·Supreme Court of Victoria

CompanyWinding up — Debtor and creditor — Right of debtor contributory who has not paid calls to recover payment of debt from liquidators of company.

FRASER v. FRASER20 VLR 156

HOLROYD, J.·4 Apr 1894·Supreme Court of Victoria

Administration actionConsent judgment — Dismissal of action by consent after judgment — Stay of proceedings — Costs.

IN RE THE ESTATE OF PATRICK CARPENTER20 VLR 159

HOLROYD, J.·26 Apr 1894·Supreme Court of Victoria

Practice probateAdministration and Probate Act 1890 (No. 1060), s. 57 — Administration bond — Surety to bond — Breach of trust — Duty of surety — Delay of beneficiary.

RENNICK v. ROBERTSON20 VLR 165

MADDEN, C.J.·19 Feb 1894·Supreme Court of Victoria

Vendor and PurchaserSale of land — Conditions of sale — Annulling a contract — Return of purchase-money — Set-off of damage caused by purchasers in possession — Assignment of contract — Equities — Assignor and assignee — Alteration of contract — Representative capacity of defendant, allegation of in statement of claim — Capacity in which sued.

THE QUEEN v. OFFICER20 VLR 187

HOLROYD, J.·11 May 1894·Supreme Court of Victoria

Crown Remedies and Liability Act 1890 (No. 1080), ss. 11, 20"Rules of the Supreme Court 1884" — Order XIX, r. 3 — Order XXV., r. 4 — Proceeding by the Crown by way of information — Set-off pleaded against the Crown — Striking out frivolous plea.

THE PRESIDENT, ETC., OF SHIRE OF GLENELG v. BROUGHTON BROS.20 VLR 190

MADDEN, C.J., A’BECKETT, and HOOD, JJ.·17 May 1894·Supreme Court of Victoria (Full Court)

"Local Government Act 1891" (No. 1243), ss. 64 and 65Interest on arrears of rates — Whether recoverable from person primarily rated.

GRIMWOOD v. THE VICTORIAN CLUB20 VLR 193

HOLROYD, J.·1 Mar 1894·Supreme Court of Victoria

Club lawRules of club — Power conferred on committee — Expulsion of member — Guilty of conduct detrimental to the interests of the club.

IN RE THE FEDERAL BANK OF AUSTRALIA LIMITED20 VLR 199

HOLROYD, J.·8 May 1894·Supreme Court of Victoria

"Companies Statute 1864" (No. 190)Companies Act 1890 (No. 1074), ss. 88, 127, and 137 — Banking company — Voluntary winding up — Winding up under supervision — Committee of advice, payment of out of company's assets — Company purchasing its own shares — Removal of liquidator for "due cause" — Liquidator's previous connection with directors and debtors — Appointing official liquidator in winding up under supervision — Security.

TIPPING v. THE PRINCE OF WALES AND BONSHAW GOLD MINING CO. NO LIABILITY20 VLR 218

MADDEN, C.J.·19 Feb 1894·Supreme Court of Victoria

The Companies Act 1890 (No. 1074), s. 243Limitation of actions after advertisement of sale of shares — Time.

TAFFS v. BEESLEY20 VLR 220

HOOD, J.·14 May 1894·Supreme Court of Victoria

Practice"Rules of Supreme Court 1884" — Order XVI., rr. 4, 11 — Adding new defendants.

IN RE FINK20 VLR 223

MADDEN, C.J., A’BECKETT, and HOOD, JJ.·17 May 1894·Supreme Court of Victoria (Full Court)

Insolvency Act 1890 (No. 1102), s. 154Composition — Proof of debt after registration of extraordinary resolution — Secured creditor proving for debt at different amount from that in debtor's statement.

GLEESON v. ADAMS20 VLR 229

MADDEN, C.J., A’BECKETT, and HOOD, JJ.·18 May 1894·Supreme Court of Victoria (Full Court)

Police Offences Act 1890 (No. 1126), ss. 49, 51Betting — Place used for betting, what is — Street abutting on house.

STEVENSON v. PRESIDENT, ETC., OF THE SHIRE OF NARRACAN20 VLR 233

HOLROYD, J., A’BECKETT, and HODGES, JJ.·31 May 1894·Supreme Court of Victoria (Full Court)

Local Government Act 1890 (No. 1112), Part XV., s. 311Lands Compensation Act 1890 (No. 1109), s. 9 — Compulsory taking of land — Notice to treat — Order to make and to open new road — Errors in plans — Confirmation of order by Minister — Power of council to take and use land.

McCRACKEN v. THE MELBOURNE CENTRAL PROPERTY COMPANY20 VLR 240

HODGES, J.·11 June 1894·Supreme Court of Victoria

Practice"Rules of the Supreme Court 1884" — Court fees and percentages — Taking Accounts — Appendix O*.

THE COLONIAL BANK OF AUSTRALASIA LIMITED v. DE FARO20 VLR 241

HODGES, J.·15 June 1894·Supreme Court of Victoria

Practice"Rules of the Supreme Court 1884" — Order XIV., r. 1 — Affidavits in reply.

IN THE MATTER OF THE COMPANIES ACT 189020 VLR 243

HODGES, J.·22 June 1894·Supreme Court of Victoria

CompanyThe Companies Act 1890 (No. 1074), s. 145 — Compromise — Costs of obtaining sanction of Court to — Practice.

SETTER v. BELL20 VLR 244

HODGES, J.·18 July 1894·Supreme Court of Victoria

Insolvency Act 1890 (No. 1102), s. 77Effect of sequestration upon action for account — "Action" — Insolvent, action against.

ANDERSON v. CARTER20 VLR 246

HODGES, J.·25 June 1894·Supreme Court of Victoria

The Instruments Act 1890 (No. 1103), ss. 169, 170Stock mortgage — "Other chattels," meaning of — Furniture — After-acquired property — Equitable title to chattels — Equitable mortgagee, right to restrain sheriff — Interpleader — Equitable claims.

IN RE MELBOURNE PERMANENT BUILDING SOCIETY20 VLR 252

HOLROYD, J.·13 Feb 1894·Supreme Court of Victoria

PracticeSupreme Court — Order — Affidavit not filed.

O’CONNELL v. O’CONNELL20 VLR 253

HOLROYD, J.·20 Feb 1894·Supreme Court of Victoria

Voluntary settlementEx post facto consideration — Marriage of settlee — Subsequent purchaser for value — 27 Eliz., c. 4 — Purchase in name of wife or child.

CAIRNCROSS v. PATERSON20 VLR 258

HOLROYD, J.·28 Feb 1894·Supreme Court of Victoria

Husband and wifeMortgage — Voluntary deed — Fraud — Voluntary conveyance procured by fraud — Rectification — Setting aside — Agent making misrepresentation without authority — Legal advice — Schedule of assets and liabilities — Omission of asset — Composition — Subsequent assertion of claim.

GRIEVE v. BODEY20 VLR 269

HOLROYD, J.·28 Feb 1894·Supreme Court of Victoria

Insolvency Act 1890 (No. 1102), ss. 73 and 74 (iii.), 13 Eliz., c. 5Fraudulent preference — Mortgage — Evidence — Letters of insolvent — Letters of insolvent'screditors — Evidence Act 1890 (No. 1088), s. 28 — Press copy letters — Schedule and affidavit — Proofs of debt — Uncancelled promissory notes of insolvent> — Security pursuant to antecedent promise — Contract — Statute of Frauds.

CORBETT v. ADAMSON20 VLR 278

MADDEN, C.J., A’BECKETT, and HODGES, JJ.·27 July 1894·Supreme Court of Victoria (Full Court)

Husband and wifeMarriage Act 1890 (No. 1166), ss. 101, 102 — Power of single judge to reserve questions for Full Court — Divorce — Nullity — Jurisdiction — Domicil.

YOUNG v. THE UNION TRUSTEES EXECUTORS AND ADMINISTRATORS CO. LIMITED20 VLR 280

MADDEN, C.J., A’BECKETT, and HODGES JJ.·27 July 1894·Supreme Court of Victoria (Full Court)

Companies Act 1890 (No. 1074), s. 385Act No. 839 — Trustee company — Covenant to pay interest.

IRWIN v. POYNTZ20 VLR 282

HODGES, J.·1 Aug 1894·Supreme Court of Victoria

Licensing Act 1890 (No. 1111), s. 134Sunday, liquor drunk on — Free gift of liquor to consumers without sale — Liability of licensee.

GERLACH v. HERMAN20 VLR 284

HODGES, J.·8 Aug 1894·Supreme Court of Victoria

Medical Act 1890 (No. 1118), s. 11Pretending to be an apothecary — Apothecary, what is.

DEASY v. WILSON20 VLR 287

HODGES, J.·1 Aug 1894·Supreme Court of Victoria

Justices Act 1890 (No. 1105), s. 77, sub-s. 5Court of petty sessions — Procedure — Right of complainant himself to give evidence in reply.

STOKES v. ROUGHAN20 VLR 288

HOLROYD, A’BECKETT, and HODGES, JJ.·5 Sept 1894·Supreme Court of Victoria (Full Court)

Marriage Act 1890 (No. 1166), s. 48Illegitimate child — Evidence of paternity of putative father — Corroboration of mother's statement — Admission by father as to paternity of one of two children.

IN RE NEWELL20 VLR 290

WILLIAMS, J.·23 Feb 1894·Supreme Court of Victoria

Practice probateAdministration and Probate Act 1892 (No. 1261), s. 14 — Will — Insane executor — Solicitor's costs — Solicitor's lien.

LOMAX v. CROTHERS20 VLR 292

HOLROYD, J.·1 Mar 1894·Supreme Court of Victoria

Stamps Act 1890 (No. 1140), ss. 32, 89, and Third Schedule, Part II.Stamp duty — Receipt — Discharge of a debt — Promissory notes.

SAMBELL v. FRAYNE20 VLR 295

A’BECKETT, J.·14 Mar 1894·Supreme Court of Victoria

Land Act 1890 (No. 1106), s. 180Vendor and Purchaser — Sale of mallee allotment — Transfer of mallee allotment — Approval of Governor in Council — Fi.fa. — Registration of fi. fa. — Sheriff's sale — Priority.

THE BANK OF AUSTRALASIA v. THE MERCANTILE FINANCE, TRUSTEES AND AGENCY COMPANY OF AUSTRALIA LIMITED20 VLR 302

HODGES, J.·26 June 1894·Supreme Court of Victoria

Rules of the Supreme Court 1884Order XVI., rr. 49, 50 — Third party procedure — Guarantee — Indemnity — Execution against third party — Third parties guaranteeing defendant guarantors.

IN RE SWALLOW & ARIELL LIMITED20 VLR 308

HOLROYD, J.·20 June 1894·Supreme Court of Victoria

Transfer of Land Act 1890 (No. 1149), ss. 47,209Assurance fund — Commissioner's right to demand contribution — Reasons for demanding contribution.

MOULE v. THE ATTORNEY-GENERAL20 VLR 314

A’BECKETT, J.·28 Aug 1894·Supreme Court of Victoria

WillConstruction — Charitable gift — "Benevolent institutions or organisations" — Uncertainty.

IN THE WILL OF CLEMENTS20 VLR 321

MADDEN, C.J., HOLROYD, J.·18 Sept 1894·Supreme Court of Victoria (Full Court)

Administration and Probate Act 1890 (No. 1060), s. 26Commission to trustee — Summary procedure as to.

THE TRUSTEES, EXECUTORS AND AGENCY CO. LIMITED v. HICKS20 VLR 325

MADDEN, C.J., HOLROYD, and A’BECKETT, JJ.·25 Sept 1894·Supreme Court of Victoria (Full Court)

ExecutorCommission, amount of when ascertained — Capital value of estate — Act No. 842, sec. 7.

ROCK FREEHOLD LAND COMPANY v. CUNLIFFE20 VLR 328

A’BECKETT, J.·25 July 1894·Supreme Court of Victoria

Practice"Rules of the Supreme Court 1884" — Order III., r. 6 — Order XIV., r. 1. — Specially indorsed writ — Claim for use and occupation.

REGINA v. KOEBCKE20 VLR 329

MADDEN, C.J., A’BECKETT, and HODGES JJ.·31 July 1894·Supreme Court of Victoria (Full Court)

Criminal lawCrimes Act 1890 (No. 1079), s. 23 — Abandonment of child.

CAWSEY v. ANDREWS20 VLR 332

HODGES, J.·28 June 1894·Supreme Court of Victoria

"Police Offences Act 1894" (No. 1126), s. 37Lottery — Distribution of land by lottery — Company formed in another colony for the purpose of lottery.

IN RE THE EVENING POST NEWSPAPER COMPANY LIMITED20 VLR 335

HODGES, J.·17 Aug 1894·Supreme Court of Victoria

The Companies Act 1890 (No. 1074), ss. 82, 150Restraining proceedings against company after winding up — Distress for rent — Goods not belonging to company.

THE REAL ESTATE MORTGAGE AND DEPOSIT BANK LIMITED v. CROMIE20 VLR 337

HODGES, J.·31 Aug 1894·Supreme Court of Victoria

PracticePleading — "Rules of Supreme Court 1884" — Order XXIV. — Matters arising after action — Order XXVIII., r. 1 — Amendment.

NOONAN v. TOWNSEND20 VLR 341

A’BECKETT, J.·23 July 1894·Supreme Court of Victoria

Instruments Act 1890 (No. 1103), s. 92Leave to proceed — Leave to appear — Appearance — Practice — "Common Law Procedure Statute 1865," s. 92.

LATHAM v. ATKINS20 VLR 344

A’BECKETT, J.·5 Sept 1894·Supreme Court of Victoria

Practice"Rules of the Supreme Court 1884" — Order XXXVI., r. 1 — Action for recovery of land — Venue — Supreme Court Act 1890 (No. 1142), s. 41.

ROBINSON v. ABBOTT20 VLR 346

MADDEN, C.J., HOLROYD, A’BECKETT, and WILLIAMS, JJ.·5 Nov 1894·Supreme Court of Victoria (Full Court)

Solicitor and clientFiduciary and confidential relation — Investment — Shares in land company — Shares of solicitor — Omission to disclose ownership — Liquidation of company — Form of relief — Duty of solicitor selling his own shares to client — Acquiescence — Rescission — Damages — Absence of fraud.

RE GROUTSCH20 VLR 388

HODGES, J.·2 Nov 1894·Supreme Court of Victoria

Will constructionGift to children — Illegitimate children — Gift to class — Per stirpes — Per capita.

THE BANK OF NEW SOUTH WALES v. PRESTON20 VLR 392

HOOD, J.·20 Feb 1894·Supreme Court of Victoria

Practice"Rules of the Supreme Court 1884" — Order XLII., r. 23 — Assignment of judgment debt — Leave to issue execution — Order XXI., r. 17 — Judgment for balance where judgment has been entered for both parties.

SPEIGHT v. SYME20 VLR 393

WILLIAMS, J.·16 Oct 1894·Supreme Court of Victoria

PracticeTrial — Judgment on several issues — Costs — "Rules of Supreme Court 1884" — Order LXV., r. 1 — Good cause — Set off of costs and damages.

CROSS v. McLEOD20 VLR 399

WILLIAMS, J.·17 Oct 1894·Supreme Court of Victoria

Practice"Rules of the Supreme Court 1884" — Order III., r. 6 (F) — Action for recovery of land — Landlord and tenant — Transferee of original landlord — Writ specially indorsed.

FITTS v. FITTS20 VLR 401

WILLIAMS, J.·18 Oct 1894·Supreme Court of Victoria

Husband and wifeDivorce — Marriage Act 1890 (No. 1166), s. 84 — Right of respondent to intervene.

MULHOLLAND v. SMITH20 VLR 403

A’BECKETT, J.·16 Aug 1894·Supreme Court of Victoria

Administration bondSurety — Duty of surety — Duty of next of kin — Notice to surety — Damages.

SYNNOT v. SYNNOT20 VLR 408

A’BECKETT, J.·27 Nov 1894·Supreme Court of Victoria

"The Divorce Act 1889" (No. 1056), ss. 10, 11, and 12Marriage Act 1890 (No. 1166), ss. 74 and 121 — Hearing in Chambers — Application of petitioner — Ground for divorce — Desertion — Separation deed — Covenant to allow living apart — Request to return.

AIRD v. THE BANK OF VICTORIA LIMITED20 VLR 415

A’BECKETT, J.·11 Dec 1894·Supreme Court of Victoria

Vendor and purchaserSale of goods — Principal and agent — Conditional sale — Failure of condition — Pledge by conditional purchaser — Pledge of goods — Pledge of bonded certificates — Past indebtedness.

IN RE MECREDY20 VLR 431

A’BECKETT, J.·30 July 1894·Supreme Court of Victoria

Attachment for nonpayment of costsInability to pay.

McLAUGHLIN v. THE BANK OF VICTORIA LIMITED20 VLR 433

MADDEN, C.J., HOLROYD, and HODGES, JJ.·11 Sept 1894·Supreme Court of Victoria (Full Court)

CompanyBank — Shares — Lien of company on shares — Lien of bank on shares of trustee — Priority — Companies Act 1890 (No. 1074), s. 31 — Measure of damages for refusal to register.

THE BANK OF VICTORIA v. SMITH20 VLR 450

HOLROYD, A’BECKETT, and HODGES, JJ.·8 Oct 1894·Supreme Court of Victoria (Full Court)

GuarantyVariation of contract — Creditor parting with and substituting securities of debtor — Discharge of guarantor — Time of valuation of debtor's deposited securities.

ADAMS v. MAYOR OF BRUNSWICK20 VLR 455

MADDEN, C.J., HOLROYD, and A’BECKETT, JJ.·1 Oct 1894·Supreme Court of Victoria (Full Court)

Injury to landCutting down road — Measure of damages — Benefit conferred on land, whether estimable in reduction of damages — Consent to cutting down by former owner — Estoppel.

BUNDOORA PARK ESTATE COMPANY LIMITED v. FISHER20 VLR 460

MADDEN, C.J.·15 Oct 1894·Supreme Court of Victoria

Principal and agentRatification by executrix of contract made by agent of testator.

LLOYD v. LOOKER20 VLR 468

WILLIAMS, J.·26 Oct 1894·Supreme Court of Victoria

Practice"Rules of Supreme Court 1884" — Order LXV., r. 27 (41) — Review of taxation — Costs of defence and counterclaim — Counterclaim, costs of.

JOHN BIRCH & CO. LIMITED v. THE PATENT CORK ASPHALT CO. LIMITED20 VLR 471

MADDEN, C.J.·22 Nov 1894·Supreme Court of Victoria

Companies Act 1890 (No. 1074), s. 129Injunction to restrain winding-up.

RE CHARSLEY20 VLR 472

HOLROYD, A’BECKETT, and HODGES, JJ.·17 Dec 1894·Supreme Court of Victoria (Full Court)

Insolvency Act 1890 (No. 1102), ss. 131, 154Insolvency Rules, r. 133 — Composition — Notice to creditors — Service of notice — Service by posting — Creditor out of jurisdiction at time of posting of notice — Assets of estate very small — Release on payment of one farthing in the pound — Bona fides of resolution of creditors for release.

SPOTTSWOOD v. WATSON20 VLR 477

A’BECKETT, J.·31 Aug 1894·Supreme Court of Victoria

WillBreach of trust — Acquiescence of beneficiary — Will construction — Devise of real estate in futuro — Intermediate rents — Intestacy — Executors selling real estate for cash without reserve.

IN RE PEARSON20 VLR 484

WILLIAMS, A’BECKETT, and HODGES, J.·12 Nov 1894·Supreme Court of Victoria (Full Court)

Administration and Probate Act 1890 (No. 1060), s. 97Estate of deceased person — Statement of estate filed by executor — Value of personal property — Property consisting of deposit receipts and shares in reconstructed banks — Estimation of value of such receipts and shares — Face value and market value of receipts and shares — "Debts," meaning of.

IN RE THE MERCANTILE BANK20 VLR 489

MADDEN, C.J., A’BECKETT, and HODGES, JJ.·15 Nov 1894·Supreme Court of Victoria (Full Court)

Companies Act 1890 (No. 1074), s. 24Contributory — Agreement to become member of company — Sharebroker purchasing shares for client — Shares transferred to broker for purpose of re-transfer to nominees of client.

IN RE THE IRRIGABLE ESTATES CO. LIMITED20 VLR 492

MADDEN, C.J., A’BECKETT, and HODGES, J.·16 Nov 1894·Supreme Court of Victoria (Full Court)

Companies Act 1890 (No. 1074), s. 36County Court Act 1890 (No. 1078), s. 99 — Company — Rectification of register — Discretion of judge — "Justice of the case," meaning of — Transfer of shares to man of no means.

IN RE DAVIES20 VLR 499

MADDEN, C.J., A’BECKETT, and HODGES, JJ.·16 Nov 1894·Supreme Court of Victoria (Full Court)

Insolvency Act 1890 (No. 1102), s. 139Certificate of discharge — Dispensing with condition of payment of 7s. in the pound out of insolvent estate.

O’HEA v. BLACK20 VLR 505

MADDEN, C.J., A’BECKETT, and HODGES, JJ.·21 Nov 1894·Supreme Court of Victoria (Full Court)

Solicitor and clientGift from client to solicitor — Commission on sale of property.

MAYOR, ETC., OF TOWN OF PORT MELBOURNE v. THE PERMANENT SAVINGS BUILDING SOCIETY20 VLR 508

HODGES, J.·24 Aug 1894·Supreme Court of Victoria

Health Act 1890 (No. 1098), ss. 3, 234"Owner" — Mortgage to building society — Society registered proprietor — Deed of defeasance — Default — Possession.

DALRYMPLE v. PRINCE OF WALES AND BONSHAW UNITED GOLD MINING CO.20 VLR 516

HOLROYD, A’BECKETT, and HOOD, JJ.·30 May 1894·Supreme Court of Victoria (Full Court)

PracticeSupreme Court — Appeal from Chambers — Notice of appeal — Day for hearing — Appeal after time expired — Special leave to appeal — Order LIV., r. 24 — Order LVIII., r. 15 — Forfeiture of shares — Registered owner — Parties — Amendment — Adding a plaintiff.

IN RE THE WILL OF MATTHEWS20 VLR 524

A’BECKETT, J.·16 Aug 1894·Supreme Court of Victoria

WillTestamentary capacity — Testator of unsound mind — Delusions — Valid will.

COOK v. CHARLTON20 VLR 529

A’BECKETT, J.·11 Sept 1894·Supreme Court of Victoria

Will constructionVested gift on youngest child attaining majority — Reference to death — Gift of income to all children until youngest daughter 21 — Gift over, if she or either of children die, to "youngest surviving child" — Devise to youngest child on attaining 21 — Open mines — Gold-mine used by testator — Trustees letting gold-mine on tribute — Gold received — Devise of land — Fixture — Fixed plant and machinery belonging in part only to testator — Compensation paid under "Mining on Private Property Act."

RODRIGUES v. UFTON20 VLR 539

HODGES, J.·31 Oct 1894·Supreme Court of Victoria

TrespassAction of trespass — Reversioner — Possession by tenant.

MICHAEL v. THOMPSON20 VLR 548

MADDEN, C.J., WILLIAMS, and HODGES, JJ.·29 Nov 1894·Supreme Court of Victoria (Full Court)

Marriage settlementSettlor in embarrassed circumstances — Marriage bon fide — Settlor and settlee already living in concubinage — Marriage a mere contrivance to defeat creditors — Knowledge of settlee — Impugning marriage settlement — Burden of proof.

McGREGOR v. CHRISTIE20 VLR 554

A’BECKETT, J.·14 Dec 1894·Supreme Court of Victoria

Customs and Excise Duties Act 1890 (No. 1082), s. 133Unlicensed still — "Still."

MARTIN v. McGINNIS20 VLR 556

WILLIAMS, J.·2 Nov 1894·Supreme Court of Victoria

Health Act 1890 (No. 1098), s. 221Nuisance — Act of servant — Knowledge of servant — Knowledge of master.

SAWTELL v. GAY20 VLR 559

HOLROYD, J.·17 Sept 1894·Supreme Court of Victoria

Mines Act 1890 (No. 1120), s. 265Warden — Special case — Res adjudicata — Proof of identity of subject matter — Plea of res adjudicata by person not party to previous decision.

STACEY v. HANSEN20 VLR 561

A’BECKETT, J.·10 Dec 1894·Supreme Court of Victoria

Transfer of Land Act 1890 (No. 1149).