IN RE BAILEY25 VLR 1
Insolvency Act 1897 (No. 1513), s. 17 — Trustee, appointment of — Objection to trustee's appointment by official accountant — Official accountant.
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Cases reported in this volume of the Victorian Reports
Insolvency Act 1897 (No. 1513), s. 17 — Trustee, appointment of — Objection to trustee's appointment by official accountant — Official accountant.
Rates and Rating — Tramways — The Melbourne Tramway and Omnibus Company's Act 1883 (No. 765) — The Fourth Schedule — Deductions for interest on debentures and sinking fund — Tenant's profits, allowance for — Rating of engine houses in one municipality, method of — Local Government Act 1890 (No. 1112), ss. 246, 248.
Practice — Interrogatories — Payment into Court — "Rules of Supreme Court 1884" — Order XXXI., r. 26.
Company — Winding-up — Voluntary liquidation — Mortgage — Interest — Companies Acts 1890 (No. 1074), sec. 124, Schedule VII., r. 22; 1896 (No. 1482), ss. 135, 153.
Practice — Security for costs — Plaintiff a foreign company.
Company — Winding-up — Official Liquidator — Remuneration — Companies Acts 1890 (No. 1079), s. 88; 1896 (No. 1482), s. 130.
Police Offences Act 1890 (No. 1126), s. 41 (xii) — Suspected person "frequenting" a street — Other offences, evidence of.
The Mines Act 1890 (No. 1120), s. 219 — Summons before warden, form of — Schedule No. 22 — Amendment — Jurisdiction of warden — Venue — Agent not necessary party — Holder of miner's right, right of to seek recovery of machine site.
Insolvency Act 1897 (No. 1513), s. 27 (3) — Taxation of costs — Trustee's costs — Employment of solicitor — Deed of arrangement.
Divorce — Bill of costs — Taxation — "The Divorce and Matrimonial Rules 1885," r. 119 — Appointment to tax — Change of proctor — Costs incurred by former proctor.
Practice — Pleading — Plea in abatement — Joint contractor, non-joinder of — Action for work and labour done — Defence alleging work was unnecessarily expensive and inadvisable.
Lunacy Act 1890 (No. 1113), ss. 134, 135 — Power of Court to apply property of lunatic — Appointment of committee of person and estate of lunatic.
Mortgagor and mortgagee — Foreclosure — Opening foreclosure — Transfer of Land Act 1890 (No. 1149), s. 130.
Land Tax Act 1890 (No. 1107), ss. 3, 4, 34, 41, and 42 — "Landed estate," meaning of — Valuation — Classification — Government Gazette, evidence of valuation, effect of.
Factories and Shops Act 1898 (No. 1597), s. 7 — Factories and Shops Act 1890 (No. 1091), Schedule 4 — "Closed," meaning of — Goods exposed for sale.
Licensing Act 1890 (No. 1111), s. 148 — Entrance into licensed premises — Authority by inspector for — Authority for "particular instance."
Practice — New trial — Dissatisfaction of presiding Judge with verdict of jury — Verdict unreasonable — Power of Appeal Court to set aside findings and enter judgment for the defendant — "Rules of the Supreme Court 1884" — Order XXXIX., rr. 1, 6.
Marriage Act 1840 (No. 1166), s. 42, 43 — Deed of separation — Wife leaving husband of her own will — Covenant by wife not to take proceedings for maintenance — Consideration.
Maintenance order — Husband and wife — Deed of release.
Will — Construction — Condition — Legacies to infants conditionally on their being brought up in Roman Catholic faith until 21 — Gift over.
Deed of settlement — Power of appointment — Interest of settlor in land — Charge on interest in lands, effect of — Chief Clerk, certificate of.
Negligence — Master and servant — Risk voluntarily incurred — Place of safety — "Volenti non fit injuria" — Contributory negligence — Employers and Employs Act 1890 (No. 1087), Part III.
Crimes Act 1890 (No. 1079), s. 389 — Indictments — Application for grand jury — Grand jury — Practice — Discretionary power of Full Court — "It shall be lawful."
Practice — "Rules of the Supreme Court 1884" — Order LIV., r. 24 — Order LVIII., r. 15 — Appeal from decision in Chambers — Security for costs of appeal.
Practice — Striking out plaintiff on application of co-plaintiffs.
Practice — Pleading — Defamation — Facts in mitigation of damages — "Rules of Supreme Court 1884" — Order XIX., r. 4 — Order XXI., r. 4 — Order XXXVI., r. 37.
Practice — Information — Charge — Committal — No offence — Prohibition — Crimes Act 1890 Amendment Act 1896 (No. 1478), s. 2.
Divorce — Desertion — Previous petition dismissed — No resumption of cohabitation — Adultery — Estoppel — Costs — In form pauperis.
Insolvency Act 1897 (No. 1513), s. 17 — Trustee, appointment of — Objection to trustee's appointment by official accountant — Official accountant.
Practice — Appearance — Conditional — Leave to enter — Setting aside — Procedure — "Rules of Supreme Court 1884" — Order XII., rr. 8, 30.
Infant — Maintenance — Breaking in upon capital — Circumstances of parent.
Lunatic — Annuitant — Purchase of annuity — Will — Direction — Master in Lunacy — Lunacy Act 1890 (No. 1113), s. 182.
Will — Construction — Gift to class — Children who shall attain 21 — After-born child — Child en ventre sa mre.
Will — Construction — Rule in Shelley's Case — Cy prs doctrine — Testator's intention — Perpetuity — Practice — Parties — Representative order — "Rules of Supreme Court 1884" — Order XVI., r. 9 — Estate tail — Fee simple — Act No. 872, ss. 67, 68 — Real Property Act 1890 (No. 1136), ss. 108, 109 — Acts Interpretation Act 1890 (No. 1058), s. 32 — Transfer of Land Act 1890 (No. 1149), s. 238.
Marine Act 1890 (No. 1165), ss. 80, 81 — Exemption certificate of master of ship — Limitation of exemption — Court of Marine Inquiry — Gross act of misconduct.
Practice — "Rules of the Supreme Court 1884" — Order XXXVII., r. 20 — Order XXXVIII., r. 1 — Cross-examination of deponent swearing affidavit.
Police Offences Act 1890 (No. 1126), s. 18 (vi.) — Wilful trespass — Justices Act 1890 (No. 1105), s. 69 — Question of title to land — Ouster of jurisdiction.
Practice — Security for costs — New trial, motion for — Trial before Judge and jury — Jurisdiction — "Rules of Supreme Court 1884" — Order XXXIX., r. 1 — Order LVIII., r. 15.
Practice — Pleading — Defence — "Rules of Supreme Court 1884" — Order XIX., r. 5 — Forms — Appendix D, s. ii.
Imprisonment of Fraudulent Debtors Act 1890 (No. 1100), ss. 22, iii. (a), 24 — Debtor — Commitment — Exparte order — Special circumstances.
Administration and Probate Act 1890 (No. 1060), ss. 97, 98 — Statements of assets and liabilities — Probate duty — "Lex loci" as applied to the personal assets of a testator.
Income Tax Act 1895 (No. 1374), ss. 13, 14, 39, 46 — Income Tax Act 1893 (No. 1467), s. 18 — Taxpayer — Person not liable to taxation, obligation of to furnish return — Returns of income — Regulations December 1898 ultra vires.
Factories and Shops Acts 1890 (No. 1091), s. 60; 1896 (No. 1445), s. 15 (7); 1897 (No. 1518), s. 3 (7) — Clothing factory — Tailoress — "Improver" — Evidence — Presumption of breach — Sex.
Company — "Public company" — Syndicate — Partnership — Charging order — Transferability of shares — Supreme Court Act 1890 (No. 1142), s. 185.
Income Tax Act, 58 Vict, (No. 1374), s. 2; s. 9, sub-ss. 1, 6, and 7; and s. 10, sub-ss. 3 and 4 — Foreign company — Company in liquidation — Calls — "Incurred" — Railways Act 1890, s. 105 — "Earnings" — Free railway pass — Scheme of Income Tax Act 1895.
Defamation — Libel — Publication — Nonsuit — Justification — Direction to the jury — New trial.
New trial — Damages — Assessment of damages by jury — Non-direction — Misdirection — County Court Act 1890 (No. 1078), s. 146 — Jurisdiction — Amendment of amount of damages claimed — Notice of action — Railways Act 1890 (No. 1135), s. 119 — Costs of appeal.
County Court Act 1890 (No. 1078), s. 50 — Action commenced in the Supreme Court — Defendant out of the jurisdiction joined with defendant in the jurisdiction — Application to remit to County Court.
Jurisdiction — Costs.
Practice — Divorce — Wife's proctor — Payment into Court by husband — Marriage Act 1890 (No. 1166), s. 111.
Company — Winding-up — Duty of liquidator — Supervision — Account — Dividends — Companies Acts, 1890 (No. 1074); 1896 (No. 1482), ss. 139, 141; "Rules 26th September 1899," rr. 5, 6, 7, 8.
Insolvency Act 1897 (No. 1513), s. 20 — Remuneration of trustee — "Net amount realized," meaning of.
Practice — "Rules of the Supreme Court 1884" — Order XXXVI., r. 11 — Entry and notice of trial.
Practice — Pleading — Plea as to damages — The Patents Act 1890 (No. 1123), s. 26 — Restriction on recovery of damages for infringement of patent.
Will — Construction — Word — "Children" — Illegitimate children — Representative next of kin declining to argue — Solicitor of trustees made party as representing next of kin.
Practice — Affidavit — Alteration in jurat — Names of deponents omitted.
Will — Construction — Condition — Legacies to infants conditionally on their being brought up in Roman Catholic faith until 21 — Gift over.
Practice — Probate — Will — Testator's signature in attestation clause — Witnesses dead.
Insolvency Act 1890 (No. 1102), s. 16 — Insolvency Court — Jurisdiction — Partnership Act 1891 (No. 1222), s. 35.
Practice — Information — Injury to property — Proof of title — Evidence — Fine — Recovery — Imprisonment in default — Police Offences Act 1890 (No. 1126), ss. 18 (vii.), 89 — Justices Act 1890 (No. 1105), s. 113.
Company — Winding up — Appointment of auditor — Practice — Companies Act 1896 (No. 1482), s. 141.
Licensing Act 1890 (No. 1111), ss. 97, 99 — Licence — Renewal — Original licence — Licensing court — Jurisdiction — Discretion.
Trespass — Bull — Rate — Compensation — Damage — Restoration — Jurisdiction — Pounds Act 1890 (No. 1129), ss. 9, 10, 12 — Justices Act 1890 (No. 1105), ss. 59 (4), 61, 77 (3).
Practice — Service of writ — Action on contract — Duty of debtor to find creditor — Limitation of rule — Supreme Court Act 1890 (No. 1142), s. 85.
Practice — Costs — Taxation — Company — Application for sanction of Court to reconstruction scheme, costs of — Perusal fees, allowance for — Scale of costs under the Judicature Act1883 — Attendance before Chief Clerk for settling order — Perusal of order, fee for — "Rules of Supreme Court 1884" — Order LXV., r. 27 (30) — Companies Act Amendment Act 1892 (No. 1269).
Transfer of Land Act 1890 (No. 1149), ss. 86, 139 — Lodgment of copy writ of fi. fa. — Sheriff's sale — Purchaser at sheriff's sale — Irregularity in sheriff's sale — Registration of transfer — Application to have title produced — Deposit of title deeds as security for costs.
Will — Construction — Trust for sale — Power to postpone sale of business — Power of trustee to carry on business at profit.
Practice — Service of writ out of the jurisdiction — Supreme Court Act 1890 (No. 1142), s. 85 — Foreign corporation.
Criminal law — Practice — Bail, application for.
Practice — Parties — The Mines Act 1890 (No. 1120), s. 327 — Mining on private property — Action to restrain application for lease — The Crown, interest of represented.
Taxation — Costs — Solicitor trustee under a settlement — Authority to charge for professional and other charges.
Taxation of costs — Bills of costs — "Rules of the Supreme Court 1884" — Order LXV., r. 27 (9) — Costs of procuring evidence and the attendance of witnesses in proceedings referred by Court to Chambers.
Taxation of costs — Copies of documents — Duplicate copies — Scale fees.
Imprisonment of Fraudulent Debtors Act 1890 (No. 1100), s. 22 — Police Offences Act 1890 (No. 1126), ss. 26, 89 — Non-payment of costs — Enforcement by imprisonment — Distress.
Imprisonment of Fraudulent Debtors Act 1890 (No. 1100), s. 22 — Justices Act 1890 (No. 1105), rr. 37, 38 — Fraud summons — Affidavit in support of application — Information and belief of deponent — Married woman — Form of order.
Trial by jury — Juror a convicted felon — "Disqualification" — "Want of qualification" — New trial — Juries Act 1890 (No. 1104), ss. 6, 7, 10 — "Save as herein excepted" — Meaning of.
Trustee and cestui que trust — Trustee company — Investment authorized by trust deed — Auxiliary trust for investment — Deposit with bank — Failure of bank — Breach of trust — Liability — Contract in face of well-known principle of law — Right of persons interested to sue — Costs of co-defendant.
Will — Construction of — Codicil — Originating summons — Residuary legacies — Priority — "All the beneficiaries."
Will — Construction — "Ready money."
The Income Tax Act 1895 (No. 1374), s. 10 — Foreign company, taxation of — Mutual life assurance society, investment of funds by — Carrying on business in Victoria.
Marriage Act 1890 (No. 1166), s. 74 (a) — Divorce — Ground of divorce — Wilful desertion — Without just cause or excuse — Interpretation of statutes — Rigid interpretation leading to unjust result — Mens rea — Rule in McNaghten's Case — Insanity causing matrimonial offence — Defence — Insane delusion.
Estoppel — Conduct — Negligent representation — Proximate cause — Invoice.
Insurance policy — Life policy — Trust for wife and children — Second marriage — Alteration of terms of trust — Construction — "His children" — Married Women's Property Act 1871 (No. 394), s. 14.
Mines Act 1890 (No. 1120) — Appendix — "General Rules for Proceedings before Wardens," rr. 1, 28 — Warden — Jurisdiction — Office of company — Summons — Lateness of objection.
Power of attorney — Construction of authority — Transfer of shares — "Investments."
Appeal to Privy Council — Practice — Procedure — Leave to appeal to Her Majesty in Council — Order in Council 9th June 1860 — Security — "Given" — "Entered into" — Supreme Court — Discretion.
Factories and shops — Improver — Practice — Order to review — Order of Court — Actus curi neminem gravabit — Order passed and entered — Rehearing — Factories Acts, 1890 (No. 1091), s. 60; 1896 (No. 1445), s. 15 (7); 1897 (No. 1518), s. 3 (b) — Presumption.
Practice — "Rules of the Supreme Court 1884" — Order XXVIII., rr. 11, 12 — Mistake in order, correction of — Order nisi to review.
Watercourse — Riparian rights — Easement, continuous and apparent — Implied reservation.
Imprisonment of Fraudulent Debtors Act 1890 (No. 1100), sec. 22 (IV.) — Detention of goods without just cause — Wilful neglect or refusal to obey an order of a court of petty sessions — Proof of dishonesty — Jurisdiction of justices to award imprisonment.
Company — Shareholder — Notice of forfeiture — Non-payment of call — Construction of notice — Strictissimi juris — Payment to redeem — Waiver — Companies Acts, 1890 (No. 1074), Part I., s. 15, Table A; 1896 (No. 1482), s. 165 — Money had and received — Practice — Appeal — Cross appeal — Notice — Procedure — More than one defendant — Separate and distinct causes of action — Irregularity — Party — "Rules of Supreme Court 1884" — Order XXVI., r. 1 — Director of company — Discretion to refuse information to shareholder.
Income Tax Acts — 1895 (No. 1374), s. 5 (b); 1898 (No. 1592), s. 3(b) — Income the produce of property — Money lent — Foreign security — Interest paid in Victoria — Contract made in Victoria.
Practice — "Rules of the Supreme Court 1884" — Order LVIII., r. 4 — Motion for new trial — Action tried by jury — Power of Full Court to enter judgment.
Criminal law — Juvenile offender — Solitary confinement — Crimes Act 1890 (No. 1079), Part II., Division 2 — Scope of section 365 — Practice — Justices — Petty sessions — Reserved decision.
County Court — Jurisdiction — Personal action. — Wrongful use of trade name — Injunction — County Court Act 1890 (No. 1078), ss. 48, 68, 121.
Partnership — Dissolution of partnership by death — "Jus accrescendi inter mercatores locum non habet" — Survivorship — Title to partnership assets — Relation of surviving partners inter se — Interest of deceased partner's representatives — Trusteeship of surviving partners — Right of action in respect of partnership assets — Assignment by a surviving partner — Amendment of pleadings — Practice — Nonsuit.
Stamp duty — Release of debt — Gift, deed of — Caveat against will — "Adequate pecuniary consideration" — Stamps Act 1892 (No. 1274), Schedule, Division VIII. (1).
Practice — Inquiry before Chief Clerk — Evidence by affidavit — Cross-examination upon affidavit.
Insolvency — Discharge of order nisi for sequestration — Assignee's remuneration — Jurisdiction of the Supreme Court.
Lunacy — Lunacy Act 1890 (No. 1113), ss. 13, 105 — Schedules 11, 12 — Person detained as lunatic — Form of doctor's certificate as to lunacy — Information of medical man as to grounds of certificate.
Mining — By-law — Construction — Effect of declaration of forfeiture — Title of successful applicant — Order for possession — Marking out afresh — Effect of non-assertion of right by successful applicant — Marking out during pendency of proceedings — Effect of grant of mining lease on a claim which it includes — By-law clashing with statute — Mines Act 1890 (No. 1120), ss. 64, 65, 70, 71, 237 — Mines Act 1891, No. 2 (No. 1251), ss. 11, 12, 13.
Income tax — Assessment — Share of deceased partner — Executor — Liability to taxation — Income Tax Act 1895 (No. 1374), ss. 5, 9 (13), 12 — Income Tax Act 1896 (No. 1467), s. 12 (1 (d)) — Publication of income tax decisions.
Writ of summons — Service out of jurisdiction — Setting aside service — Contract — Telegram — "Rules of Supreme Court" — Order XII., r. 30 — Supreme Court Act 1890 (No. 1142), s. 85.
Rates and rating — Water rates — Sewerage rates — Rateable occupation — Bookstall on a railway platform — Exclusive occupation — Period of occupation — "Occupier" — License to sell — Melbourne and Metropolitan Board of Works Act 1890 (No. 1197), sec. 72 — Melbourne and Metropolitan Board of Works Act 1897 (No. 1491), ss. 8 (5), 11 (1) — Water Act 1890 (No. 1156), ss. 421, 458, 480, 487 — Melbourne and Metropolitan Board of Works By-law 4 (2).
Insolvency Law — Deeds of arrangement — Deed of assignment for the benefit of creditors — Trustee's remuneration — Construction of deed — Trustee's commission on sale of mortgaged land — Insolvency Act 1897 (No. 1513), Part VI. and ss. 20, 24, 83.
Settled estate — Private sale — Jurisdiction — Real Property Statute 1864 (No. 213), Part V. — Real Property Act 1890 (No. 1136), Part V.
Criminal Law — Practice — Evidence — Statement by dying person — Admissibility — Reasonable notice of intention to take such statement — "Full opportunity for cross-examination" — "Proved to the satisfaction of the Court" — Written information or charge pending — "In the manner hereinbefore provided" — Justices Act 1890 (No. 1105), ss. 39 seq. and 193.
Tenant for life — Remainderman — Insufficiency of mortgage security — Income of tenant for life in arrear — Apportionment — Outgoings, deduction of.
Lands Compensation Act 1890 (No. 1109), ss. 44, 47, 48 — Conveyance of land to Board of Land and Works — Verification of title — Costs allowable to vendor — Bill of costs, taxation of.
Practice — Procedure — Divorce — Appearance, entry of — Application after time — "Divorce and Matrimonial Rules," 1885, r. 16.
Building Society — Liquidation — Returns — "Registrar-General" — Registrar of Building Societies — Companies Act 1890 (No. 1074), Part I. — Companies Act Amendment Act 1892 (No. 1269), ss. 7, 8 — Companies Act 1896 (No. 1482), s. 2, Division VII.
Practice — Pleading — Particulars — Names and addresses — "Rules of Supreme Court" — Order XIX., r. 7.
Probate — Practice — "Cause or matter depending in the Court" — "Shall" — Affidavit in foreign parts not sworn before British consul — Supreme Court Act 1890 (No. 1142), s. 90 — Alteration in jurat of affidavit not initialled — Judicial notice — Revocation of administration — Grant of administration.
Practice — Action for redemption — Action for foreclosure — Action for recovery of land — Counterclaim — "Rules of the Supreme Court," Appendix C., section vi., Forms 5 and 6; section vii., Form 1 — Order XVII., r. 2.
Rates and rating — Municipality — Rateable property — Land occupied as site for fishermen's residences and drying grounds — "Occupation" — Local Government Act 1890 (No. 1112), sec. 246 — Land Act 1890 (No. 1106), s. 99, sub-s. 2.
Local Government Act 1890 (No. 1112), s. 191, sub-s. viii. — Local Government Act 1874 (No. 506), s. 213, sub-s. viii. — By-law — Construction — Reasonableness — Nuisance — "Or other matter" — "Being offensive to smell."
Costs — Appeal from County Court — County Court scale of costs — County Court Act 1890 (No. 1078), s. 133.
Friendly society — Offence — Application of money — Unauthorized purpose — Fraud or wilful misconduct — Friendly Societies Act 1890 (No. 1094), s. 16, sub-s. (viii.)
Admission of barristers and solicitors — Articled clerk — Other employment during articles — Leave of Court — English practice — "Rules of Supreme Court," 26th November 1892, rr. 5, 18, Schedules A and B — 23 & 24 Vict., c. 127, s. 10; 37 & 38 Vict., c. 68, s. 4.
Practice — Writ — Female defendant — Description — Plaintiff's address — "Rules of Supreme Court 1884" — Order IV., r. 1 — Order LXX., r. 3 — App. A., Part I., Form I.
Practice — Administration bond — Sureties — Debts exceeding assets — Unsecured creditor — Administration and Probate Acts 1890 (No. 1060), s. 16; 1892 (No. 1261), s. 3.
Practice — Interrogatories — Sufficiency of answer — Inquiries as to information or knowledge of agent or servant.
Practice — Amendment of pleading — Breaches of trust — Fraudulent breaches of trust — Misjoinder of causes of action — Allegation of contempt of Court by disobedience of an order — Re-opening of question determined on a former application — Wilful or grossly negligent omission to bring forward a proposed amendment sooner — Effect of an amendment not clear — Amendment allowed without prejudice — Costs of one of several defendants who are not affected by an amendment — Apportionment of costs — "Rules of the Supreme Court 1884" — Order XX VIII., r. 6 — Order XIV., r. 5 — Order XIX., r. 27.
Practice — Interrogatories — "Allege" — Embarrassing — Order XXXI., rr. 6, 11.
Trust estate — Salvage — Infant — Expenditure — Corpus — Annuitant — Improvement of trust estate — Jurisdiction of Court.
Practice — Appeal — Order in Chambers — Notice of appeal — Time — "Rules of Supreme Court 1884" — Order LVIII., r. 3 — Order LIV., r. 24 — Particulars — Second summons — Res judicata — "Rules of Supreme Court 1884" — Order XIX., r. 7.
Trustee — Charge of wilful default — Administration order under originating summons — Fresh action claiming accounts on footing of wilful default — Accounts — Pleading — Privilege — Solicitor and client.
Appeal to Privy Council — Security ordered to be lodged — Payment of money into bank — Abandonment of appeal — Payment out — Practice.
Income tax — 58 Vict. (No. 1374), ss. 2, 5 (a) — 59 Vict. (No. 1476), s. 4 (a) — Shares — New issue of shares — Profits on sale of shares — Income from personal exertion.
Trade fixtures — Landlord and tenant — Right of removal.
Lunacy — Lunacy Act 1890 (No. 1113), ss. 8, 9 — Eighth schedule — Form of order for committal of lunatic — Name of superintendent of asylum — Lunatic.
Practice — Leave to appeal to Her Majesty — Matter in issue — Value — Jurisdiction — "Supreme Court Act 1890" (No. 1142), s. 231.
Company — Winding up — Liquidation, proceedings in — Statement — Rules — Dispensation — Auditor — Appointment — Companies Acts 1890 (No. 1074), s. 125; 1896 (No. 1482), ss. 135 (3), 139, 141; Rules of 28th February 1900 under Companies Act 1896, rr. 4, 9 (3), 10, Schedule IV.
Company — Banking law — Private company — One-man company — Existence of company separate from shareholders — Ultra vires — Blank cheque — Memorandum of association — Business "in connection with any other person" — "Incidental and conducive to" — Articles of association — Powers of managing director — Presumption of regularity — Misrepresentation — Transfer of moneys from trust to private banking account — Breach of trust — Liability of bankers — Negotiable instrument — Companies Act 1890 (No. 1074), 2nd Schedule, Table A, rule 55.
County Court — County Court Act 1890 (No. 1078), Part V., ss. 138, 139, 140, 144 — Process of foreign Court served in Victoria — Non-appearance thereto — Judgment obtained in an intercolonial Court — Reciprocity — Jurisdiction.