ZERBE V. THE AUSTRALIAN APPLE & PEAR MARKETING BOARD & THE COMMONWEALTH OF AUSTRALIA

' IN THE HIGH COURT OF AUSTRALIA.

om PPLE AND PHAR MARKETING BOARD AND THE COMMONWEALTH OF AUSTRALIA.

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| oo = | - / | | i High Court of Austnelia, | Principal Registry. 44 MAR ist \ | i Judgment delivered at. MELBOURNE.

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ZERBE

THE AUSTRALTAN APPLE & PEAR MARKETING BOARD & TRE COMMONWEALTH OF AUSTRALIA .

McTIERNAN J.

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KETING BOARD OF AUSTRALTA

JUDGMENT. McTISRNAN J.

The plaintiff is the survivor of two partners who carried on a business of growing and selling apples and pears. They had orchards et Doncaster and Croydon, which are in the metropolitan district of Victoria. They carried on this business under the firm name of Lawford and Zerbe.

The action was begun by both partners, and it is founded upon

reg. 12 of the National Security (Apple and Pear Acquisition) Regulations. The action was for compensation for apples and pears which the Commonwealth acquired from the partnership in 1940, 1941 and 1942, The acquisition was made under reg. 12 by means of three separate orders dated 27th February 1940, 24th December 1940 and 19th December 1941. Tonking's casera baa hee reg. 12 gives a claim for compensation to any grower whose apples and pears are acquired from him by an order made under this regulation, and that the claim may be enforced by an action in any court.

Lawford died in May 1944 and Zerbe then became entitled by law to the assets of the partnership. The proceedings were amended by consent by leaving out the name of Lawford as a plaintiff. Zerbe, the sole plaintiff, sues on his own behalf and of those beneficially entitled to Lawford's interest in the assets of the partnership.

The claim made in the action/in terms limited to the number of bushel cases of apples and pears delivered by Lawford and Zerbe to the Board and afterwards packed out of store to the market. The particulars of the varieties and grades of these apples and pears and the number of cases of each variety and grade are in the first and second columns of pp. 1 - 4 of Ex. "0", The exhibit contains the details of the plaintiff's claim. The