CASE SUMMARY: PART 28

Vavallari vs. Premier Refrigeration Co Ltd [1952] 85 CLR 20
●Contract Law●
“While the due course of completion of a contract for the sale of land is a matter of some complexity, involving the doing of a number of things by both parties, it is very well-settled that an informal or ‘open’ contract not dealing expressly with any of these matters of detail, may be made and be binding. In such a case law and equity fill in the details, so to speak, providing by way of implication for whether is necessary to effectuate due performance”


Verama vs. Arumugam [1982] 1 MLJ 107
●Land Law●
“But one must always realize that in interpreting land laws in this country, one should always bear in mind that land laws are governed by the National Land Code which does not allow the law to be tempered by equity.”


Vijayan vs. PP [1975] 2 MLJ 8
●Criminal Law●
“In every case it depends on the effect of the provocative act on the ordinary man, that is, an ordinary reasonable man belongings to the same class of society as the accused”


Waimiha Sawmilling Co vs. Waione Timber Co [1926] AC 101
●Land Law●
“Fraud is: 'if the designed object of a transfer is to cheat a man of a known existing right' or that there is a 'deliberate dishonest trick causing an interest not to be registered so as to fraudulently keep the register clear. But 'dishonesty must not be assumed solely by reason of knowledge of an unregistered interest”



Walker vs. Hirsch [1884] 27 CH.D 460

●Law of Partnership●
“The agreement is not that he shall share profits and losses; the agreement is, that he is to be paid a salary and in addition one-eighth of the net profits and to bear one-eighth of the losses thereof, as shown by the books when balanced. The truth is that this agreement is a complicated one and it cannot be considered as a partnership”


Walsh vs. Lonsdale [1882] 21 Ch D 9
●EQUITY●
“The defendant landlord agreed in writing, but not by deed, to grant a seven years lease of a mill to the plaintiff at a rent payable quarterly in arrears but with a year’s rent payable in advance if demanded. The plaintiff took possession and paid rent quarterly but not in advance. Defendant than demanded the year’s rent in advance. Plaintiff refused and defendant put in a distress, but his action failed. At Common Law the plaintiff was not obliged to pay rent in advance because of the lack of the deed but equity could ‘look on that as done which ought to be done’ and hold that the agreement for a lease was as good as a lease and so the plaintiff was liable to pay rent in advance, the equity rules having prevailed”


Wangsa Timber Industries Sdn Bhd vs. Adulfast Anthony Robert [2001] 4 MLJ 438
●Land Law●
“Section 6 of Civil Law Act did not prohibit the application of English law on easements because an easement was not a right or an interests in land but was only a right annexed or appurtenant to the land”





Walton vs. The Queen [1978] 1 All ER 542
●Criminal Law●
“The case makes clear that on an issue of diminished responsibility the jury are entitled and indeed bound to consider not only the medical evidence on the whole facts and circumstances of the case”


Warner vs. Metropolitan Police Commissioner [1969] AC 256
●Criminal Law●
“If we go to the extreme length of requiring the prosecution to prove that ‘possession’ implies a full knowledge of the name and nature of the drug concerned, the efficacy of the Act is seriously impaired, since many drug pedlars may in truth be unaware of this. I think that the term ‘possession’ is satisfied by knowledge only of the existence of the thing itself and not its qualities, and that ignorance or mistake as to its qualities is not an excuse”


Weerakoon vs. Ranhamy [1921] 23 NLR 33
●Criminal Law●
“Ignorance is not the same as mistake. Mistake, to my mind implies a positive and conscious conception which is in fact a misconception. As I understand the matter, therefore, the English doctrine, ‘ignorance or mistake’ covers both ignorance and mistake, our own formula only include mistake”