Landlord and Tenant�Lease�Determination�Forfeiture�Covenant to commence erection of building within specified time�Clearing operations commenced�Whether breach�Acceptance of rent after notice of breach�Conduct of lessor and lessee�Waiver�Crown lease�Statutory procedure for determination upon breach of covenant�Effect of conduct upon statutory right to determine�Notice�Requirement that conditions for failure to comply with &hich lease may be determined be fully set out�Reference to terms of lease�Whether sufficient�Signature on notice�Delegation of function by Minister�Delegate designated by office held�City Area Leases Ordinance 1936 –1964 (A.
C.
T.
), ss.
6,22.
*
Factories and Shops – Dangerous machinery - Fencing - Failure to maintain in position in efficient state whilst machinery in use - Statutory defence to prosecution - Whether defence to civil action - Factories, Shops and Industries Act, 1962 (N.
S.
W.
), s.
27 (1) (d), (5).
* Statutory Duties - Breach - Statutory defence to prosecution - Whether answer to civil action.
Workers' Compensation (Vict.
) - Death - Statutory amendment increasing rate of compensation - Whether amended rate applies in case of death after amendment whenever compensable injury causing death occurs - Liability" - Pulmonary oedema causing death of worker suffering from coronary artery disease - Whether aggravation or acceleration of disease - Whether oedema separate "injury" - Acts Interpretation Act 1958 (Vict.
)
Criminal Law – Felony - Sentence - Power to impose cumulative sentences - Convictions on three counts - Criminal Law Consolidation Act, 1935-1937 (S.
A.
), s.
388 - Crimes Act 1914-1960 (Cth), s.
19 - Interpretation Ordinance 1931-1959 (N.
T.
), s.
4A - Criminal Procedure Ordinance 1933 (N.
T.
), s.
2.
Guarantee – Consideration - Undertaking not to take proceedings" against principal debtor - "Proceedings" - Demand for payment with threat of winding-up petition - Companies Act
Income Tax (Cth) – Assessable income - Company in liquidation - Distribution by liquidator to shareholder company out of income - Liquidation of shareholder company - Distribution to its shareholders of amount of distribution received from first company - Whether distribution assessable income in shareholders' hands - Income Tax and Social Services Contribution Assessment Act 1936-1957 (Cth), ss.
44 (1)*, 47 (1)**.
Construction and Interpretation – Bonds issued to finance timber growing - Rights of bondholders' trustee under trust deed against grower - Land sold with timber standing thereon.
Specific Performance – Sale of land and lease - Completion date specified - Time of the essence - Settlement deferred to secure lessor's consent to transfer of lease - Rescission by vendor - Whether purchasers absolved from making tender of balance of purchase money - Whether purchasers entitled to treat contract at an end.
Town Planning - Specific performance of agreement for sale of land - Town Plan of City of Brisbane - Consent of Council - Site approval by one Department for use for shops and residence - Building approval by another Department for shops only - Each Department aware of approvals - Continuance of approvals after Town Plan coming into effect - The City of Brisbane Acts, 1924 to 1959 (Q.
), Ordinances Ch.
8, Pt VI - The City of Brisbane (Town Plan) Act of 1959 (Q.
).
Estate Duty (Cth) – Valuation of assets - Deceased's interest in partnership - Valuation upon amount that would be paid by any proposed partner purchasing deceased's interest or as on winding up - Weight to be given to hypothetical purchaser's liability to pay income tax on acquisition of assets with value in partnership accounts depreciated to less than market value - Estate Duty Assessment Act 1914-1950 (Cth), s.
8.
Death Duties (Vict.
) - Shares in company - Gift - Whether company controlled by deceased" - Criterion of control - Notional estate - Whether bona fide possession and enjoyment of subject matter of gift assumed three years before death of deceased - Probate Duty Act 1962 (Vict.
)
Companies – Articles of Association - Seal - Article requiring two directors or their nominees to be present when common seal used - Whether presence of one person in two capacities sufficient.
Income Tax (Cth) – Deduction - Investment in manufacturing plant - Plant used in operations by &hich manufactured goods are derived from other goods - Plant used in transportation within premises - Plant" - "Premises" - Income Tax and Social Services Contribution Assessment Act 1936-1964 (Cth)
Income Tax (Cth) – Deduction - Investment in manufacturing plant - Plant used in operations by &hich manufactured goods are derived from other goods - Plant used in transportation within premises - Plant" - "Premises" - Income Tax and Social Services Contribution Assessment Act 1936-1964 (Cth)
Judicial Precedent – Original jurisdiction - High Court Justice sitting in a State - Decision of Full Court of State followed as persuasive authority.
Damages - Personal injuries - Economic loss - Admissibility of evidence - Possibility of continued inflation as factor in assessment.
Arbitration – Special case stated by arbitrators in course of reference for opinion of a judge of the Supreme Court - Appeal to Full Court - Competency of appeal to High Court - Arbitration Act, 1895-1935 (W.
A.
), ss.
2, 21 - The Constitution (63 &64 Vict.
c.
12), s.
73 - Judiciary Act 1903-1965 (Cth), s.
35.
Landlord and Tenant – Notice to quit as to the whole of leased premises - Whether right to recover part of premises - Jurisdiction of magistrate - Landlord and Tenant Act, 1899-1964 (N.
S.
W.
), ss.
22 (a), 23*.
Landlord and Tenant - Prescribed premises - Dwelling-house" - Shop and house on same premises - Notice to quit as to whole of premises - Whether part of premises not comprising dwelling house recoverable - Rights and obligations as to part not recovered - Landlord and Tenant (Amendment) Act
Real Property – Profit a prendre - Slate - Discarded materials from old quarrying operations - Agreement for value not under seal selling slate - Authority to purchaser to enter land for purpose of removing etc.
the slate sold - Whether sale of goods or grant of interest in land - Sale of subject land - Whether notice by purchaser of previous agreement - Assignment of slate for value by original grantee - Authority to enter land - Whether enforceable against purchaser of land - Old Law title - Torrens system title - Rights of original grantee not indorsed on certificate of title - Sale of Goods Act, 1923-1953 (N.
S.
W.
), ss.
5 (1), 22, 23 (r.
1) - Real Property Act, 1900 (N.
S.
W.
), s.
42.
Negligence – Motor car collision - Defective brakes - Knowledge of driver - Res ipsa loquitur - No onus on defendant to disprove negligence - Inference of negligence from sequence of events.
High Court – Action in tort against Commonwealth - Basis of liability - Law applicable - The Constitution (63 &64 Vict.
c.
12), s.
75 - Judiciary Act 1903-1966 (Cth), ss.
56, 64, 79, 80, 80A.
Workers' Compensation (N.
S.
W.
) - Injury" - Undetected non-symptomatic pre-existing disease - Collapse of diseased vertebrae upon exertion at employment - Incapacity - Untreated
