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Melbourne :
CHARLES F. MAXWELL, (G. PARTRIDGE & Co.), LAW PUBLISHERS, 458 CHANCERY LANE.

ADELAIDE: E. S. WIGG & SON.
LONDON: SWEET & MAXWELL LIMITED, 3 CHANCERY LANE.

MDCCCXCV.

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IN THIS VOLUME.

84

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VICTORIA.
Craig v. Roberts
2 Harris v. Gleeson

129
Cromie, In re
24 Healy, Duncan v.

218 Real Estate &c., Heil, Ross v.

113 Bank v. 41 | Henderson, Hodgson v.

9 Abbott, Robinson v.

101
Cunliffe ; Rock Freehold Land

v. Thorne

193 Adam v. Town of Brunswick

66
Coy. v.

33 | Herman, Gerlach v. Adamson, Corbett v.

22 17 Dalley v. Harding

175 Hick, Trustees Executors &c. Allcu v. Hills

84
Dalrymple v. Prince of Wales

Cug. v.

52 Anderson v. Carter

49

and Bonshaw United Coy. Andrews, Cawsey v.

168 Higgins v. Board of Land and
3
Davies, In re
121 Works

158 Angus, Regina v. 205

Hills, Allen v.
Attorney-General v. Blackwell 150
Australasia, Bank of, Exparte

9

Hodgson v. Henderson 133 De Alba v. Freehold Invest

Howlett v. Shire of Tambo

223 v. Mer

ment and Banking Coy, 136, 165 Huddart, Parker & Coy. Ltd., cantile Finance &c. Coy. 57 Deasy v. Wilson

37
Kilpatrick v.

210 Australian Freehold Land &c. De Beer Monte and Coy., Re- 160

Hugher), Shire of Benalla v. 151 Coy. v. Shire of Goulburn 225 Deegan v. Remington

2
Huon v. Dougharty

33 De Faro; Trustees Executors

Huntly, Shire of, #xparte

9 &c., Coy. v.

21 Bage, Lange v.

181
De Leon ; Gerlach v.

22 Bagley, Ex parte

89, 105 Dominion Banking &c., CorBaker, Bennett v.

Irrigable Estates Coy., In re · 116 149 poration Ltd., Stibbard v. 222 Irwin v. Poyntz

18 Barthold, In will of 157

33 Bartlett v. Bartlett

Dougharty, Huon v. 6

Drew, Re
Bedwell, Walshe v.

35
Duff v. Perpetual Executors and

Jack, Dyson v.

1 Beasley, Tafls v.

59
Trustees Association

James v. Town of Northcote
90

185 Bell, Setter v.

5, 157
Duggan v. Martin

226
Jenkins, Regina v.

178 Belton v. Belton 142

Jonas r. Jonas
Duncan v. Gibson
120

201 Benalla, Shire of, v. Hughen 151

v. Healy

218 Bennett v. Baker

149

Lunn y, Roberts
Gomm v.

217 Kampfhenteel, Hammon v.

135 223 Dunstan ; Shire of Borung r. 95 Kerang Times Publishing Coy., Birch & Coy. v. Patent Cork Pavement Coy.

1
Dyson v. Jack
- 132, 209

163 Black In re 151

Kilpatrick v. Huddart Parker
O’Hea v.
119 Edgerton, Preacher v.

28
& Coy., Ltd.

210

Kiudellan, Groom v.
v. Poole
155 Equity Trustees &c., Coy. Ltd.;

20 Blackburn v. Miller

177
Rowe v.

194
Koebcke, Reg. v.

27 Blackwell, Attorney-General v. 150 Errington v. Krone

215

215

Krone, Errington v. Board of Land and Works,

Essendon, Mayor of ; Cox v.

7 Higgins v. 158 Evening Post Newspaper Coy.,

Lamsey, In re

125 Boardman, Gleeson v. 153 Ltd., In re

66 Lange v. Bage

181 Borung, Shire of, v. Dunstan 95 Field, Re

162 | Langlands v. Langlands

44 Brind, L. Stevenson and Sons

Fisher ;
Bundoora Park Estate
Lennie, Miller v.

208 Ltd. v. 166 Coy. v. 107 Lennox, In the will of

19 Bristow v. The Queen 147, 171 Fitts v, Fitts

83 Lewis, Mercantile Bank v. 93, 202 Brunswick, Town of, Adam v. 66

Lloyd v. Looker

97 Bundoora Park Estate Coy. v.

Looker, Lloyd v.

97 Fisher

Foster Brewing Coy. Ltd. v.
107
Youl

183
Freehold Investment &c. Coy.,

Mackett v. Shields

38 Carr.

114
De Alba v.
· 136, 165 Martin, Duggan v.

226 Carter, Anderson v. 49

-v. McGinnis

96 Cawsey v. Andrews 3

Marwick v. Orton

14

48 Chaplin v. Chaplin

Gay, Sawtell v.
218
Gerlach v. De Leon

22
Matthews, In the will of

39 Charlton ; Cook v.

-v. Herman

22

Mattingley v. The Queen 143, 171 Charsley, Re 130

120 Gibson, Duncan v.

Mayberry v. McQuade

40 Christie, McGregor v.

141
Gleeson v. Boardman

153
McCrory v. Rivett -

174 Clark, Sweetnam, v.

37
Harris v.

McCulloch Carrying Coy. v.

129 Clements, In re

51
Gomm v. Bennett

Victorian Railways Coms.
223

203 Cleverdon v. Towsend

69
Gottor v. Sheppard

151

McDougall, Griffiths v. Cohen, In re

29 106 Goulburn, Shire of, Australian

McGinnis, Martin v.

96 Companies Act 1890

Freehold Land &c. Co. v.
McGregor v. Christie

141 Cook v. Charlton

McLaughlin v. Bank of Victoria 29

167 Cotter v. Moran 157 Gunter's Case

45
Griffiths v. McDougall

51 Corbett v. Adamson

17
Groom v. Kindellan

McLorinan, Exparte
20

116
McQuade, Mayberry v. -

40 County of Bourke Permanent

Mercantile Bank of Australia, Building &c., Society ;

In re

89, 105 Shire of Moorabbin v. 139 Hammon v. Kampfhentec!

135 Cox v. Mayor &c. of Essendon 7 Harding, Dalley v.

175
V Lewis

93, 202

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Carr v.

45

225

178

209 10 34

37 71, 85

127

59 223 148 124 193 133 69

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21

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52

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16

Queenscliff, Borough of, v.

Stiles, In re v. Weigall

192
Robinson

140 Stoffers, Wootton v. Mercantile Finance &c. Coy.,

Stokes v. Roughan Bank of Australasia v. 57

Sweetnam v. Clark -
Merrilees v. Rhodes

219
Real Estate &c., Bank v.

Syme, Speight v.
Michael v. Thompson

124
Cromie

41

Synnot v. Synnot Milne, Re 68 Regina v. Angus

205

Taffs v. Beesley
Miller, Blackburn v.

177
v. Jenkins

Tambo, Shire of, Howlett v.
v. Lennie

208
v. Koebcke.

27

Taylor v. Taylor Moorabbin, Shire of, Re

Reid and Sionot, In re

6
167

Thompson, Michael v.
-v. County
Remington ; Deegan v.

Thorne, Henderson v.
of Bourke Per. Bldg. Socy. 139
Rhodes, Merrilees v.

219

Townsend, Noonan v. Moran, Cotter v.

Rivett, McCrory v. 157

174

Towsend Cleverdon v. Mulholland v. Smith - 130, 161 Roberts, Craig v.

2

Trustees Executors &c. Coy.
Dunn v.

217

v. De Faro Robinson v. Abbott

101 Nolan v. Nolan

134

Borough of Queens-
Noonan v. Townsend

133
cliff v.

v. Hick

140 Northcote, Town of, James v. 185 Rock Freehold Land Coy. v.

v. Sparling Cunliffe

33 O'Hea v. Black

Ross, In the Will of

160 119 Orton, Marwick v..

113 | Union Trustee Coy., Young v. v. Heil.

14 Osboldstone, Steele v.

152
Roughan, Stokes v.

34
Rowe v. Equity Trustees &c.,
Coy., Ltd.

194 Victoria, Bank of, McLaughlin
Patent Cork Pavement Co. ;
Birch and Co., v.
132, 209

Bank of, v. Smith Pearson, In re

Sawtell v. Gay 115

48 Victorian Railways CommisPermanent Savings Building Schomann,'Shamrock Brewing

sioners, McCulloch Carry. &c. Coy., v.

5 Society of Port Mel.

ing v. bourne; Town of Port

Setter v. Bell .

5, 157 Melbourne, v.

Shamrock Brewing &c., Coy. v. 64

Schomann Perpetual Executors &c., Asso

5 Walshe v. Redwell ciation ; Duff y. Sheppard, Gottor v.

151 / Webb v. Smith Pitson, In re

9
Shields, Mackett v.

38 Weigall, Mercantile Bank r.

Sinnot and Reid, In re Poole, Black v. 155

6 | Welch, Re Port Melbourne, Town of, v.

Smith, Bank of Victoria v.

92 Whittle, In re

Mulholland v. Permanent Savings Build.

- 130, 161 | Wilson, Deasy v. Webb v.

186 ing Society of Port Mel

v. Howard Smith and bourne

and Sons Ltd., Wilson v.

188 64

Sons, Ltd.
Poyntz; Irwin v.

18
Sparling, Trustees Executors

Woolf, In re
Preacher v. Edgerton

&c., Coy. v.

34 | Wootton v. Stoffers 28 Prince of Wales and Bonshaw

Speight v. Syme United Coy.; Dalrymple v.

134
168

Spillane, In re
Steele v, Osboldstone

152 Young v. Union Trustee

Stevenson & Sons Ltd. v. Brind 166 Coy.
Queen The, Mattingley, v. 143, 171 Stibbard v. Dominion Banking Youl ; Foster Brewing Coy.
Bristow v.
· 147, 171 &c. Corporation Ltd.

Ltd. v.

92

203

90

35 186 192

95 180 37

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188 134 10

71, 85

16

222

183

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29th June. IN RE THE COMPANIES ACT 1890, s. 145.

Partnership-Practice ReceiverLeave of the Court

22nd June. Company-Companies Act 1890 (No. 1074) 8. 145- Semble, per Hodges, J., that an application to the Court

Compromise-Sanction of Court to Practice by the receiver of a firm for leave to commence an Costs.

action, may be made exparte. Where a company is being wound up by or subject to

Application on behalf of the receiver of the defendthe supervision of the Court, an application under s.

ants Andrew Jack & Coy., for leave to commence and 145 of the Companies Act 1890, must be supported prosecute action against certain debtors of the defendby evidence as to the amount (if any) of costs agreed ant firm. The application was made exparte and was to be paid by the contributory. Such costs should

supported by affidavit. in the first instance be paid to the liquidator. HODGES, J. : Without reference to any particular practice states that the application sbould be by

Mr. Isaacs in support. : All the English writers on application, I desire to state that, in all applications

summons. If this practice be correct it appears hard on behalf of liquidators of companies to sanction to see who ought to be served with the summons. agreements of compromise between the liquidator and any contributory, I shall require an affidavit stating

His Honor said : I can see the difficulty suggested specifically the amount, if any, which the contributory as to determining what persons should be serred with has agreed to pay towards the costs of the application. the summons, and I do not see the necessity for servIf no sum has been agreed so to be paid I shall require ing anyone. If a summons were held to be necessary that to be stated also. Where an agreement has been the practice would be very similar to that provided by made as to payment of or towards the costs of the

the rules in respect of the winding up of trading com

application, I shall require the costs agreed upon to be panies, where all applications in Chambers are directed paid in the first instance to the liquidator so as to to be made on summons, the usual effect of this being make them moneys which come under his control. I that liquidators have frequently to go to the expense have several applications of this nature before me

of issuing a summons which is served on no one. I which I am holding back until I have been furnished shall make the order on this exparte application ; and with the above information, but I wish to be under- if anyone thinks he is entitled to object, of course, he stood to make the above remarks generally, and with may do so. Certify for counsel. out reference to any particular application.

Solicitors for the applicant, Blake & Riggall.

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