PHELPS v. PUSEY5 VLR (Eq) 1
Practice — Suit undefended in part — Cause standing over for hearing — No fresh notice of setting down necessary.
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Cases reported in this volume of the Victorian Reports
Practice — Suit undefended in part — Cause standing over for hearing — No fresh notice of setting down necessary.
"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.
Costs — Writ of distringas — Return — Appearance.
Will — Construction — Survivorship — Presumption of death — Practice — Conduct of inquiry.
5 Vict., No. 9, secs. 33, 34-36 — 7 Vict., No. 19, sec. 9 — Insolvency — Deed of assignment — Recital — Schedule — Execution by creditor — Estoppel — Inspection — Costs of suit.
Supreme Court Rules, cap. V., r. 1; cap. VI., rr. 22, 23, 29 — Practice — Exceptions — Objections — Draft report — Setting down for hearing.
Vendor and purchaser — Warranty — Misrepresentations — Deceit.
"The Insolvency Statute 1871" (No. 379), sec. 90 — Insolvent trustee — Petition for removal of.
Practice — Motion — 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.
Infant — Past maintenance — Bill to enforce — Infant out of jurisdiction — Parties.
"Transfer of Land Statute" (No. 301), secs. 106, 107 — Registration of fi. fa. — Sale by sheriff — Official assignee not a purchaser for value.
"The Statute of Trusts 1864" (No. 234), sec. 23 — Shares in railway company — Trustees dead or out of jurisdiction — Petition — Vesting order — Materials.
Injunction ex parte — Suppression of facts — Negotiations — Unconcluded contract — Practice — Motion — Affidavits — Time of filing.
"Statute of Evidence 1864" (No. 197), sec. 8 — Evidence — Commission to examine witnesses abroad — Abortive commission — Injunction — Costs.
"Transfer of Land Statute" (No. 301), sec. 50 — Solicitor and client — Mortgage Notice — Breach of trust — Fraud — Evidence — Admissions against interest.
Demurrer — Want of equity — Multifariousness — Parties — Setting aside contract on ground of fraud — Pleading — General prayer — Costs of appeal.
Specific performance — Drunkenness as a defence — Costs.
Injunction — Mining lease — Highway ad medium filum — Practice — Postponement.
"The Life Assurance Companies Act 1873" (No. 474), ss. 39, 40, sched. xii. — Policy — Assignment — Memorandum of transfer — Equitable assignment.
Practice — Motion 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.
Practice — Appeal 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.
Practice — Suit undefended in part — Cause standing over for hearing — No fresh notice of setting down necessary.
Practice — Administration 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.
"Real Property Statute 1864" (No. 213), sec. 80 — Petition — Settled estate — Building lease — Limited liability company.
"Lunacy Statute" (No. 309), sec. 164 — Lunatic 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.
"Insolvency Statute 1871" (No. 379), sec. 151 — Rules of the Court of Insolvency 109, 110, 123 — Composition with creditors — Extraordinary resolution — Confirmation — Registration — Filing.
"The Administration Act 1872" (No. 427), sec. 9 — Married woman — Real estate — Mortgage — Reconveyance — Power — Appointment by will — Evidence of intention to bar her interest — Executor — Sale by, after all debts paid.
Will — Construction — Wife and children entitled equally to income during her life — Children entitled equally to corpus after her death — Maintenance — Accounts.
"Transfer of Land Statute" (No. 301), ss. 49, 50 — Fraud in acquiring certificate — Adverse possession — Tenant — Mortgagor and mortgagee — Constructive notice.
Mine — Partnership — Share of dividends — Working on terms.
"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.
"Transfer of Land Statute" (No. 301), sec. 24 — Act 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.
Practice — Suit undefended in part — Cause standing over for hearing — No fresh notice of setting down necessary.
Trade name — Right to use — Trade mark — Infringement — Injunction motion — Delay.
"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.
"The Land Act 1869" (No. 360), ss. 19, 20 — Specific performance — Agreement by licensee to sell — Consent of Governor-in-Council — Uncertainty — Damages at law — Incumbrancer, defendant — Costs.
7 Vic., No. 19, sec. 9 — Creditor's deed — Account — Delay — Parties — Concurrent jurisdiction — Abandonment of other remedies.
Will — Construction — Instructions — Gift by implication — Power of sale — Intestacy.
"Insolvency Statute 1871" (No. 379), secs. 35, 69, 75, 98, 100 — Sequestration of testator's estate — Executors — Devastavit — Right of assignee to sue.
"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."
Mortgage — Mining shares — Power of sale — Demand — Wrongful sale — Measure of damages — Costs — Practice — Evidence — Rebutting case — Cross appeals to Privy Council — Consolidation.
Lost deed — Secondary evidence — Memorial registered — Declaration of trust — Sale by sheriff of right, title, and interest of trustee — Costs of ejectment — Rectification of mistake in decree.
Mining Companies — Encroachment — Injunction — Inspection — Medium filum vi.
Petition for advice — Partition of estate — Valuation — Station property — Costs.
Will — Custody of infant — Drunkenness of mother — Costs against parties not defending.
Administration suit — Appointment of new trustees by executor of last acting trustee — Discretion — Interference by Court — Pleading — Parties — Executor not proving.
Insolvency Statute 1871 (No. 379), sec. 70 — Voluntary settlement — Burden of proof.
Infant — Scheme of education — Discretion of trustees — Interlocutory application to interfere therewith.
Will — Retirement of trustees — Ill-health — Infant trustee — Appointment of new trustees — Executrix — Commission.
Will — Retirement of trustees — Appointment of new trustees — Gift to charitable institutions.
Will — Construction — Devise of lands subject to charge — Devise by codicil of part of same lands absolutely — Destruction of charge.
"Statute of Trusts 1864" (No. 234), sec. 56 — Payment out of Court — Petition — Distribution by executors on their own responsibility.
"The Instruments and Securities Statute 1864" (No. 204), sec. 107 — Specific performance — Offer not accepted — Demurrer — Leasehold — Contract not specifying quantum of interest sold.
Administration — Payment of balance in Master's hands to one creditor.
"Statute of Trusts 1864" (No. 234), sec. 34 — Petition for advice — Appointment of new trustees — Doubtful facts.
"The Administration Act 1872" (No. 427), sec. 8 — Rules of the Supreme Court, cap. V., r. 7 — Will — Construction of — Administration — Residuary legatee — Pecuniary legatees — Parties.
"Statute of Trusts 1864" (No. 234), sec. 61 — Petition for advice — Complicated will — Trustees appointed by testator; others appointed by the High Court of Justice — Administrator c.t.a. by the Supreme Court.
"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.
Injunction — Sale of ale — Misrepresentation — Evidence.
"Insolvency Statute 1871" (No. 379), sec. 77 — Insolvency of plaintiff — Motion to dismiss bill — Exercise of option by assignee.
Suit to establish partnership — Costs.
Administration suit — Maintenance — Discretion of trustees — Charities — Liberty to trustees to contribute to — Appointment of new trustee — Defendant — Abatement — Order of revivor.
Practice — Motion to set aside writ of summons and bill, after expiration of time for answering.
Infant — Maintenance — Posthumous child unprovided for — Discretion of trustees — Appointment of guardian.
Insolvent — Right to sue — 5 Vic., No. 17, secs. 2, 11, 33, 53, 54 — Judgment in action for malicious prosecution.
Practice — Answer — Signature of counsel.
Creditor and Surety — Suretyship 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.
Companies Statute 1864 (No. 190), secs. 135, 148, 149. — Winding-up — Directors — Fraudulent preference.