WONDER HEAT PTY LTD v BISHOP

[1960] VR 489·PAPE, J
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[1960] VR 489
WONDER HEAT PTY LTD v BISHOP SUPREME COURT OF VICTORIA PAPE, J 16, 25 February 1960
[1960] VR 489
Action — Felony — Loss occasioned by felonious act of servant — Prosecution for felony pending — Stay of action for recovery of money allegedly feloniously obtained — Judgment summons adjourned — Rules of the Supreme Court, Order XIV. . An action for the recovery of money feloniously obtained is not maintainable until such time as the prosecution of the felony has been not merely commenced but concluded, or unless reasonable cause has been shown for the prosecution not being concluded. Where the defendant had been charged with the felony and had been committed for trial and was awaiting trial,

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[1960] VR 489

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