TuNGAMAH v Mrerett.

High Court of Australia|1912-07-01|Before: Tsaaes JJ, Tsancs JJ, Barton J, Isaacs J

should be allowed as to all but the 2} feet strip of H.C. oF A. 4 1912.

CRAINE

Appeal allowed with costs. Judgment "as ae ete ie wried by limiting tt to the recovery U7 ig se ceo @ strip 2 feet 6 inches wide along ax Washington Street. Judgment for the ee ae defendant as to the residue without -

itors, for the appellant, Croft & Rhoden. olicitors, for the respondents, Davies & Campbell.

nent - By-law - Validity - Traction Engine - ''Vehicle - Local H.C. oF A. i Act 1903 ( Vict.) (No. 1893) secs. 197 (23), (29), (34), 495, 594. 1912,

'sec. 197 of the Local Government Act 1903 (Vict.) it is provided that a Murzounxe, lity may make by-laws for the following purposes (inter alia) : -

Oct. 8, 9, 10, Regulating the hours during which and conditions on which loco- é 'engines or rollers iinpelled by steam or electricity may proceed over Grisith C.J.,

)) Prohibiting or regulating the use on any road of any vehicle not the nails on its wheels countersunk in such manner as may be specified

in such by-law or having on its wheels any bars spikes or other projec forbidden by such by-law."

"= f : Presipenr Solicitors, for the respondents, Gillott & Moir. &c, OF THE B SHIRE oF Tuncaman v. a Merrerr.

H.C. or A, Conversion - Sale of stolen goods - Recovery of value of goods from purchaser: 1912. 'ment by cheque - Proceeds of cheque afterwards coming to hands of ow eS go0ds - Obligation to elect to afirm or disaffirm sale. 5

eae ? Ifa man, having received a sum of money which is identified as

ai. fact the proceeds of goods of his that have been sold without his author afterwards becomes aware of the fact, he is, as between himself and Oy purchaser of such goods, primd facie bound to elect whether he will affie Tsancs JJ. disaffirm the sale, and the obligation to elect continues until the happet

of some new fact which would alter his position to his prejudice if he 1

If a man, whose servant has stolen his goods and has also stolen his n afterwards receives from the police money found upon the thief, he is

stolen goods, so as to exclude the obligation to elect above stated. So held by Griffith C.J. and Barton J., Isaacs J. dissenting.

Decision of the Supreme Court of Victoria reversed.

At a glance

Court

Decision date

Before

Source

Judgment (17 paragraphs)

should be allowed as to all but the 2} feet strip of H.C. oF A. 4 1912.

Parties