Banks and banking - Cheque - Undated - Authority to fill up cheque - Statutory presumption that person in possession of cheque has authority - Whether presumption displaced - Whether cheque filled up within a reasonable time - Holder in due course - Whether person coming into possession of cheque has title to sue on it - Cheques Act 1986 (Cth) ss. 18 49.

Appeal - Appeal from Magistrates' Court - Question of law - New point not argued below - Not raised in questions for appeal - Magistrates' Court Act 1989 (No. 51) s. 109.

Contract - Manufacture and installation of fence - Payment of deposit - Purchaser failing to complete - Seller rescinding contract and retaining deposit - Purchaser's action for return of deposit - Seller's forfeiture rights not limited to sales of real property - No claim made for relief against forfeiture.

Appeal - Appeal from Magistrates' Court - Whether question of law - Whether competent to raise issue not raised below - Magistrates' Court Act 1989 (No 51) s 109