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THE iHIGH COURT.
A Western Australian Case
Melbourne. March 9.
Ciaide"ation was mven to-day by
the Full High Court (the Chief-J:ati?e,
Sir- Adrian .Knox. Mr. -Jus?tie,-ks acs.
and Mr. Justice Starke) to an appeal
from a judgment given by Mr. Justice
Burnside in the Supreme Court of West
ern Auetralia. The clse arose from a
petition by Neil McNeil. of Cottesloe.
gentlemma. and Cl?ude.de Bemrales. of
Perth, engineer. earying on business
under the name of the West Australian
Gold alnd Copper lMies, that an account
be directed to be taken of all transac
tions between them and the Stte Smelt
ing Works lt Revensthorpe, Western
Australia, in relation to urtiferus cop
per ores, between January, 1914, and
March 1919, and that payment be or;
dared to be made to them by the Crown
of whatever sum might be found dae
on that account. Alternately they elim
ei- £3600 4s. Id. as money receied by
the State SmeItiug Worke to the use
of petitioner.r. Mr. Justice Buwsid de
eided that the Crown was preacthed from
relying upon the limitations imposed by
section S7 of the Crown Suite Act, 1.8,
and that the petitioners were entitled
to the accounts, and jugmeat eas given
accordinly.
The Crown appealed to the High
Court on the graounds. amon others, that
that judgment wan arroneous in law and
against the evidence and the weight of
evideace. that accounts in respect of
ores were delivered before July 1, 1918.
gad were accepted by the. petitioners as
eorreet, and that on the taking of ac
Laonts the Crown was entitled to the
relaymeats of sueh sums, if any, as
might be found to have been oerpaid
by the petitioners. '
Mr. Downing. K.C., and Mr. Ham in
structed by Measrs. lawson and Jar
dine, as agents for the Western Austra
lian Crown Solicitor (Dr. Stow), ap
peared for the Crown. ad Mr. Owea
Kixo., K.C.. Mr. Dixon Hearder. and
Mr. Leake, instructed by Mearis. Blake
and Riggall, as agents for Messrs. Stone.
James, and Leake, of Perth.: represated
te petitioners in the original ease...
. Argument for the Crows. was
tered upon by Mr. De.w ae ' as
is part heard.
A Customs Case.
Melbourne, March t.
A continusil hearing was egiven to-day
by. the Full High Court (the Chief J?s
tice, Sir Adrian Knot. Mr. Justice Ianes.
Mr. Justice Higgins. Mr. Justice Deffy,
and Mr. 'Justice Starke) to the action
brought by the Commonwealth and
Charles Henry Green, .AcQting Colector
of Customs for Victoria, against the
Melbourne Harbour Trust Commis
sioners. -The plaintiffs claimed £5,000
as the amount of security alleged to
have been given by the trust for the
paeyment -of duty on goods temporarily
stored on its wharves. Crepe de chene
hand golfers from three eases disappeared,
appprently through pillage.
In the eburse of argument. Mr. Dixon,
K.C.. for the plaintiffs,. held that the
disputed security was a security within
the meaning of the C?stoms Act.
For the trust. Mr. Latham. K.C..
-argued that the Customs Department
was not a legal entity and could not be
come a party to. the bond. that the
regulations under which :'the bond was
given were beyond the scope of the Act.
and therefqre invalid. that sections 42
and 48 of the Customs Act were invalid,
and that, though section 48 purported to
confer judicial power on the.Customs
Department. it could not do. so.
.ludgment was. reserved.
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