Unlimited digital access from $45/mo. Print subscriptions with bound volumes available.Shop Now

Browse

View Victorian Reports and Victorian Law Reports by volume number

5 VLR (Eq)(68 results)

Cases reported in this volume of the Victorian Reports

PHELPS v. PUSEY5 VLR (Eq) 1

MOLESWORTH, J.·12 Feb 1879·Supreme Court of Victoria, In Equity

PracticeSuit undefended in part — Cause standing over for hearing — No fresh notice of setting down necessary.

MAYOR, &c., OF BRUNSWICK v. DAWSON5 VLR (Eq) 2

MOLESWORTH, J.·20 Feb 1879·Supreme Court of Victoria, In Equity

"Transfer of Land Statute" (No. 301) sec. 42"Local Government Act" (No. 506), secs. 165, 169 — Vendor and Purchaser — Specific performance — Agreement for continuous use of land for particular purpose — Transfer — Encumbrance.

UNITED HAND-IN-HAND AND BAND OF HOPE CO. v. NATIONAL BANK OF AUSTRALASIA5 VLR (Eq) 8

MOLESWORTH, J.·20 Feb 1879·Supreme Court of Victoria, In Equity

CostsWrit of distringas — Return — Appearance.

LOW v. MOULE5 VLR (Eq) 10

MOLESWORTH, J.·6 Mar 1879·Supreme Court of Victoria, In Equity

WillConstruction — Survivorship — Presumption of death — Practice — Conduct of inquiry.

HERMANN v. FRENCH5 VLR (Eq) 15

MOLESWORTH, J.·12 Mar 1879·Supreme Court of Victoria, In Equity

5 Vict., No. 9, secs. 33, 34-367 Vict., No. 19, sec. 9 — Insolvency — Deed of assignment — Recital — Schedule — Execution by creditor — Estoppel — Inspection — Costs of suit.

BREESE v. FLEMING5 VLR (Eq) 22

MOLESWORTH, J.·12 Mar 1879·Supreme Court of Victoria, In Equity

Supreme Court Rules, cap. V., r. 1; cap. VI., rr. 22, 23, 29Practice — Exceptions — Objections — Draft report — Setting down for hearing.

BRADSHAW v. GOER5 VLR (Eq) 26

MOLESWORTH, J.·12 Mar 1879·Supreme Court of Victoria, In Equity

Vendor and purchaserWarranty — Misrepresentations — Deceit.

IN RE CLARKE’S TRUSTS5 VLR (Eq) 28

MOLESWORTH, J.·20 Mar 1879·Supreme Court of Victoria, In Equity

"The Insolvency Statute 1871" (No. 379), sec. 90Insolvent trustee — Petition for removal of.

GOVETT v. CROOKE5 VLR (Eq) 30

MOLESWORTH, J.·25 Mar 1879·Supreme Court of Victoria, In Equity

PracticeMotion — Dismissing bill for want of prosecution — Costs. Where notice of motion is served upon a plaintiff, to dismiss his bill for want of prosecution, it is not sufficient for him to take the next step and offer to pay the costs of the notice of motion. He should give an enforceable undertaking to speed the cause, and pay the costs.

MITCHELL v. TUCKETT5 VLR (Eq) 31

MOLESWORTH, J.·2 Apr 1879·Supreme Court of Victoria, In Equity

InfantPast maintenance — Bill to enforce — Infant out of jurisdiction — Parties.

GILES v. LESSER5 VLR (Eq) 38

MOLESWORTH, J.·2 Apr 1879·Supreme Court of Victoria, In Equity

"Transfer of Land Statute" (No. 301), secs. 106, 107Registration of fi. fa. — Sale by sheriff — Official assignee not a purchaser for value.

IN RE MITCHELL’S TRUST ESTATE5 VLR (Eq) 42

MOLESWORTH, J.·3 Apr 1879·Supreme Court of Victoria, In Equity

"The Statute of Trusts 1864" (No. 234), sec. 23Shares in railway company — Trustees dead or out of jurisdiction — Petition — Vesting order — Materials.

ADELAIDE STEAMSHIP CO. v. MARTIN5 VLR (Eq) 45

MOLESWORTH, J.·7 Apr 1879·Supreme Court of Victoria, In Equity

Injunction ex parteSuppression of facts — Negotiations — Unconcluded contract — Practice — Motion — Affidavits — Time of filing.

WOLFE v. HART5 VLR (Eq) 52

STEPHEN, J.·23 Apr 1879·Supreme Court of Victoria, In Equity

"Statute of Evidence 1864" (No. 197), sec. 8Evidence — Commission to examine witnesses abroad — Abortive commission — Injunction — Costs.

CHOMLEY v. FIREBRACE5 VLR (Eq) 57

MOLESWORTH, and STEPHEN, JJ.·26 Apr 1879·Supreme Court of Victoria, In Equity

"Transfer of Land Statute" (No. 301), sec. 50Solicitor and client — Mortgage Notice — Breach of trust — Fraud — Evidence — Admissions against interest.

UNITED HAND AND BAND CO. v. THE NATIONAL BANK OF AUSTRALASIA5 VLR (Eq) 74

MOLESWORTH, and STEPHEN, JJ.·26 Apr 1879·Supreme Court of Victoria, In Equity

DemurrerWant of equity — Multifariousness — Parties — Setting aside contract on ground of fraud — Pleading — General prayer — Costs of appeal.

HOWARD v. CURRIE5 VLR (Eq) 87

MOLESWORTH, J.·29 Apr 1879·Supreme Court of Victoria, In Equity

Specific performanceDrunkenness as a defence — Costs.

VICTORIA UNITED MINING CO. v. THE PRINCE OF WALES CO.5 VLR (Eq) 92

MOLESWORTH, J.·1 May 1879·Supreme Court of Victoria, In Equity

InjunctionMining lease — Highway ad medium filum — Practice — Postponement.

ETTERSHANK v. DUNNE5 VLR (Eq) 99

MOLESWORTH, J.·15 May 1879·Supreme Court of Victoria, In Equity

"The Life Assurance Companies Act 1873" (No. 474), ss. 39, 40, sched. xii.Policy — Assignment — Memorandum of transfer — Equitable assignment.

GRAHAM v. GIBSON5 VLR (Eq) 103

MOLESWORTH, J.·16 June 1879·Supreme Court of Victoria, In Equity

PracticeMotion by defendant before answer — Next friend of infant — Address — Security for costs — Parties — Suit on behalf — One of class (plaintiffs) made a defendant — Practice — Expiration of writ of summons — Party added defendant — Service of copy bill with new writ endorsed.

BROUGHAM v. MELBOURNE BANKING CORPORATION5 VLR (Eq) 110

MOLESWORTH, J.·18 June 1879·Supreme Court of Victoria, In Equity

PracticeAppeal to Privy Council — Order of Privy Council need not be made Order of Supreme Court — Repayment of costs — Interest — Saving benefit of plea to hearing — Motion to dismiss pending right to amend pleadings.

PHELPS v. PUSEY5 VLR (Eq) 118

MOLESWORTH, J.·12 Feb 1879·Supreme Court of Victoria, In Equity

PracticeSuit undefended in part — Cause standing over for hearing — No fresh notice of setting down necessary.

THE ATTORNEY-GENERAL v. HUON5 VLR (Eq) 119

MOLESWORTH, J.·7 Aug 1879·Supreme Court of Victoria, In Equity

PracticeAdministration suit — Stay of proceedings, plaintiff having no further interest — Costs — Persons not parties to the cause found entitled — Further prosecution of suit by — Carriage of decree — Payment into Court.

IN RE ESTATE OF T.S. BERGIN5 VLR (Eq) 131

MOLESWORTH, J.·23 June 1879·Supreme Court of Victoria, In Equity

"Real Property Statute 1864" (No. 213), sec. 80Petition — Settled estate — Building lease — Limited liability company.

IN RE ANDERSON5 VLR (Eq) 133

MOLESWORTH, J.·19 June 1879·Supreme Court of Victoria, In Equity

"Lunacy Statute" (No. 309), sec. 164Lunatic partner — Dissolution of partnership — Construction of partnership deed — Consent of majority of three partners to sale of one partner's share — Vendor to be reckoned in majority.

ENGLAND v. MOORE5 VLR (Eq) 135

MOLESWORTH, J.·18 June 1879·Supreme Court of Victoria, In Equity

"Insolvency Statute 1871" (No. 379), sec. 151Rules of the Court of Insolvency 109, 110, 123 — Composition with creditors — Extraordinary resolution — Confirmation — Registration — Filing.

DODGSON v. CLARE5 VLR (Eq) 137

MOLESWORTH, J.·30 June 1879·Supreme Court of Victoria, In Equity

"The Administration Act 1872" (No. 427), sec. 9Married woman — Real estate — Mortgage — Reconveyance — Power — Appointment by will — Evidence of intention to bar her interest — Executor — Sale by, after all debts paid.

STEVENSON v. M’INTYRE5 VLR (Eq) 142

MOLESWORTH, J.·4 July 1879·Supreme Court of Victoria, In Equity

WillConstruction — Wife and children entitled equally to income during her life — Children entitled equally to corpus after her death — Maintenance — Accounts.

CULLEN v. THOMPSON5 VLR (Eq) 147

MOLESWORTH, J.·10 July 1879·Supreme Court of Victoria, In Equity

"Transfer of Land Statute" (No. 301), ss. 49, 50Fraud in acquiring certificate — Adverse possession — Tenant — Mortgagor and mortgagee — Constructive notice.

MELDRUM v. ATKINSON5 VLR (Eq) 154

MOLESWORTH, J.·15 July 1879·Supreme Court of Victoria, In Equity

MinePartnership — Share of dividends — Working on terms.

IN RE PROVINCIAL AND SUBURBAN BANK5 VLR (Eq) 159

MOLESWORTH, J.·15 July 1879·Supreme Court of Victoria, In Equity

"The Companies Statute 1864" (No. 190), secs. 124, 130-133, 148, 154; sched. 7, rr. 7, 8"The Instruments and Securities Statute 1864" (No. 204), secs. 86, 87, 93 — "Stamp Statute 1869" (No. 355), secs. 4, 10 — Winding up — Petition by corporation — Signature — Power of attorney — Several petitions — Priority — Practice — Costs — Liquidators, appointment of — Supervision order.

ARCHIBALD v. ARCHIBALD5 VLR (Eq) 180

MOLESWORTH, J.·24 July 1879·Supreme Court of Victoria, In Equity

"Transfer of Land Statute" (No. 301), sec. 24Act No. 230, sec. 4 — Supreme Court Rules, cap. VI., r. 11 — Distribution of intestate's estate — Rule to administer — Lost will — Memorial — Evidence of factum — Injunction — Trial of title at law — Practice — Undefended suit — Formal party — Affidavit verifying bill.

PHELPS v. PUSEY5 VLR (Eq) 187

MOLESWORTH, J.·12 Feb 1879·Supreme Court of Victoria, In Equity

PracticeSuit undefended in part — Cause standing over for hearing — No fresh notice of setting down necessary.

CHINN v. THOMAS5 VLR (Eq) 188

MOLESWORTH, J.·7 Aug 1879·Supreme Court of Victoria, In Equity

Trade nameRight to use — Trade mark — Infringement — Injunction motion — Delay.

MURPHY v. MITCHELL5 VLR (Eq) 194

MOLESWORTH, J.·11 Aug 1879·Supreme Court of Victoria, In Equity

"County Court Statute 1869" (No. 345), sec. 100 (iii.)"The Amending Land Act 1865" (No. 237), sec. 42 — "The Land Act 1869" (No. 360), sec. 31 — Selection — Crown grant — Absolute conveyance — Lease to borrower, paying rent as interest — Option to purchase — Mortgage — Res judicata — Equitable jurisdiction of County Court.

STEWART v. FERRARI5 VLR (Eq) 200

MOLESWORTH, J.·20 Aug 1879·Supreme Court of Victoria, In Equity

"The Land Act 1869" (No. 360), ss. 19, 20Specific performance — Agreement by licensee to sell — Consent of Governor-in-Council — Uncertainty — Damages at law — Incumbrancer, defendant — Costs.

ARTHUR v. MOORE5 VLR (Eq) 207

MOLESWORTH, J.·25 Aug 1879·Supreme Court of Victoria, In Equity

7 Vic., No. 19, sec. 9Creditor's deed — Account — Delay — Parties — Concurrent jurisdiction — Abandonment of other remedies.

READ v. READ5 VLR (Eq) 212

MOLESWORTH, J.·26 Aug 1879·Supreme Court of Victoria, In Equity

WillConstruction — Instructions — Gift by implication — Power of sale — Intestacy.

HASKER v. M’MILLAN5 VLR (Eq) 217

MOLESWORTH, J.·8 Sept 1879·Supreme Court of Victoria, In Equity

"Insolvency Statute 1871" (No. 379), secs. 35, 69, 75, 98, 100Sequestration of testator's estate — Executors — Devastavit — Right of assignee to sue.

THE PRESIDENT v. ROBERTS5 VLR (Eq) 222

MOLESWORTH, J.·11 Sept 1879·Supreme Court of Victoria, In Equity

"The Lands Compensation Statute 1869" (No. 344), ss. 5, 13"Local Government Act 1874" (No. 506), ss. 353, 360 — Specific performance — Vendor and purchaser — Parol contract — Part performance — Uncertainty — Price — "Reasonable compensation."

HICKS v. COMMERCIAL BANK OF AUSTRALIA5 VLR (Eq) 228

MOLESWORTH, BARRY, and STEPHEN, JJ.·3 Oct 1879·Supreme Court of Victoria, In Equity

MortgageMining shares — Power of sale — Demand — Wrongful sale — Measure of damages — Costs — Practice — Evidence — Rebutting case — Cross appeals to Privy Council — Consolidation.

HUNNIFORD v. HORWOOD5 VLR (Eq) 250

MOLESWORTH, J.·9 Oct 1879·Supreme Court of Victoria, In Equity

Lost deedSecondary evidence — Memorial registered — Declaration of trust — Sale by sheriff of right, title, and interest of trustee — Costs of ejectment — Rectification of mistake in decree.

BAND OF HOPE Q. M. CO. v. WILLIAMS FREEHOLD M. CO.5 VLR (Eq) 257

MOLESWORTH, J.·12 Sept 1879·Supreme Court of Victoria, In Equity

Mining CompaniesEncroachment — Injunction — Inspection — Medium filum vi.

IN THE WILL OF SIMSON5 VLR (Eq) 261

MOLESWORTH, J.·10 Oct 1879·Supreme Court of Victoria, In Equity

Petition for advicePartition of estate — Valuation — Station property — Costs.

PHAIR v. POWELL5 VLR (Eq) 264

MOLESWORTH, J.·15 Oct 1879·Supreme Court of Victoria, In Equity

WillCustody of infant — Drunkenness of mother — Costs against parties not defending.

DREDGE v. MATHESON5 VLR (Eq) 266

MOLESWORTH, J.·21 Oct 1879·Supreme Court of Victoria, In Equity

Administration suitAppointment of new trustees by executor of last acting trustee — Discretion — Interference by Court — Pleading — Parties — Executor not proving.

GRAY v. FARAM5 VLR (Eq) 270

MOLESWORTH, J.·22 Oct 1879·Supreme Court of Victoria, In Equity

Insolvency Statute 1871 (No. 379), sec. 70Voluntary settlement — Burden of proof.

FLANNAGAN v. FLANNAGAN5 VLR (Eq) 272

MOLESWORTH, J.·23 Oct 1879·Supreme Court of Victoria, In Equity

InfantScheme of education — Discretion of trustees — Interlocutory application to interfere therewith.

IN THE WILL OF PHILLIPS5 VLR (Eq) 274

MOLESWORTH, J.·27 Oct 1879·Supreme Court of Victoria, In Equity

WillRetirement of trustees — Ill-health — Infant trustee — Appointment of new trustees — Executrix — Commission.

IN THE WILL OF SONNENSCHEIN5 VLR (Eq) 276

MOLESWORTH, J.·27 Oct 1879·Supreme Court of Victoria, In Equity

WillRetirement of trustees — Appointment of new trustees — Gift to charitable institutions.

HOWITT v. SMITH5 VLR (Eq) 277

MOLESWORTH, J.·27 Oct 1879·Supreme Court of Victoria, In Equity

WillConstruction — Devise of lands subject to charge — Devise by codicil of part of same lands absolutely — Destruction of charge.

IN RE BOURKE’S TRUSTS5 VLR (Eq) 281

MOLESWORTH, J.·30 Oct 1879·Supreme Court of Victoria, In Equity

"Statute of Trusts 1864" (No. 234), sec. 56Payment out of Court — Petition — Distribution by executors on their own responsibility.

CLARKE v. DOCHERTY5 VLR (Eq) 283

MOLESWORTH, J.·5 Nov 1879·Supreme Court of Victoria, In Equity

"The Instruments and Securities Statute 1864" (No. 204), sec. 107Specific performance — Offer not accepted — Demurrer — Leasehold — Contract not specifying quantum of interest sold.

MARTIN v. KEANE5 VLR (Eq) 290

MOLESWORTH, J.·5 Nov 1878·Supreme Court of Victoria, In Equity

AdministrationPayment of balance in Master's hands to one creditor.

IN THE SETTLEMENT OF WILLS5 VLR (Eq) 292

MOLESWORTH, J.·6 Nov 1879·Supreme Court of Victoria, In Equity

"Statute of Trusts 1864" (No. 234), sec. 34Petition for advice — Appointment of new trustees — Doubtful facts.

BANK OF NEW SOUTH WALES v. STRETTLE5 VLR (Eq) 293

MOLESWORTH, J.·7 Nov 1879·Supreme Court of Victoria, In Equity

"The Administration Act 1872" (No. 427), sec. 8Rules of the Supreme Court, cap. V., r. 7 — Will — Construction of — Administration — Residuary legatee — Pecuniary legatees — Parties.

IN THE WILL OF RUDDOCK5 VLR (Eq) 297

MOLESWORTH, J.·11 Nov 1879·Supreme Court of Victoria, In Equity

"Statute of Trusts 1864" (No. 234), sec. 61Petition for advice — Complicated will — Trustees appointed by testator; others appointed by the High Court of Justice — Administrator c.t.a. by the Supreme Court.

SAMUEL v. THE QUEEN5 VLR (Eq) 299

MOLESWORTH, J.·13 Nov 1879·Supreme Court of Victoria, In Equity

"The Land Act 1862" (No. 145), s. 22"The Intestacy Act" (No. 230) — "The Administration Act 1872" (No. 427), ss. 6 and 7 — Petition of right — Selection — Administrator of lessee — Right to Crown grant of leaseholds — Costs.

DEGRAVES v. WHITEMAN5 VLR (Eq) 304

MOLESWORTH, J.·18 Nov 1879·Supreme Court of Victoria, In Equity

InjunctionSale of ale — Misrepresentation — Evidence.

PRIGG v. JOHNSTONE5 VLR (Eq) 311

MOLESWORTH, J.·18 Nov 1879·Supreme Court of Victoria, In Equity

"Insolvency Statute 1871" (No. 379), sec. 77Insolvency of plaintiff — Motion to dismiss bill — Exercise of option by assignee.

ENGLAND v. MOORE5 VLR (Eq) 312

MOLESWORTH, J.·19 Nov 1879·Supreme Court of Victoria, In Equity

Suit to establish partnershipCosts.

GRANT v. GRANT5 VLR (Eq) 314

MOLESWORTH, J.·2 Dec 1879·Supreme Court of Victoria, In Equity

Administration suitMaintenance — Discretion of trustees — Charities — Liberty to trustees to contribute to — Appointment of new trustee — Defendant — Abatement — Order of revivor.

WILLS v. OGIER5 VLR (Eq) 317

MOLESWORTH, J.·3 Dec 1879·Supreme Court of Victoria, In Equity

PracticeMotion to set aside writ of summons and bill, after expiration of time for answering.

IN THE WILL OF M’LEAN5 VLR (Eq) 319

MOLESWORTH, J.·5 Dec 1879·Supreme Court of Victoria, In Equity

InfantMaintenance — Posthumous child unprovided for — Discretion of trustees — Appointment of guardian.

SOLLY v. ATKINSON5 VLR (Eq) 323

MOLESWORTH, J.·11 Dec 1879·Supreme Court of Victoria, In Equity

InsolventRight to sue — 5 Vic., No. 17, secs. 2, 11, 33, 53, 54 — Judgment in action for malicious prosecution.

FLANNER v. WILLIAMS5 VLR (Eq) 327

MOLESWORTH, J.·11 Dec 1879·Supreme Court of Victoria, In Equity

PracticeAnswer — Signature of counsel.

FORD v. LONDON CHARTERED BANK OF AUSTRALIA5 VLR (Eq) 328

MOLESWORTH, J.·20 Dec 1879·Supreme Court of Victoria, In Equity

Creditor and SuretySuretyship for whole of debt, with liability limited to less amount — Right of surety to proportion of dividends under insolvency of principal debtor — Set-off — Banker's lien — Bill for collection — Past consideration.

IN RE PROVINCIAL AND SUBURBAN BANK5 VLR (Eq) 343

BARRY, J.·20 Dec 1879·Supreme Court of Victoria, In Equity

Companies Statute 1864 (No. 190), secs. 135, 148, 149.Winding-up — Directors — Fraudulent preference.