MARINE BOARD OF LAUNCESTON V. MINISTER OF STATE FOR THE NAVY

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IN THE HIGH COURT OF AUSTRALIA.

REASONS FOR JUDGMENT.

ve MINISTER OF STATE FOR THE NAVY

SipeweNt STARKE J.

Applications for reviews of assessments of compen— sation by a Compensation Board made pursuant to the National Security (General) Regulations (See reg. 60G). The parties agreed to the reviews being heard before this Court although there is some question whether it is a competent Court within the meaning of reg. 60(8). Several reviews have been heard by this Court and I was informed that a new regulation is now under consideration dealing with the matter. Under the circumstances the reviews may proceed.

On 20th July "tone 'the freasurer in pursuance of reg. 57 of the regulations requisitioned and took a lighter or bargé. called the "Wombat" and two other lighters or barges, and on loth September 1942 the Minister of State for Com- merse, also in pursuance of the same regulation, requisit- ioned and took a tug known as the "James Wallace" all be- longing to the Marine Board. of Launceston.

fhe Marine Board pursuant to the regulations made @ claim in writing tor compensation in respect of these lighters or barges and the tug as follows:~

"Wombat™ £ 8,000 2 Barges, each £7,500 £15,000 Tug £26,000

Ultimately the claims were referred to a Compensation Board duly appointed pursuant to the reguletions which assessed the compensation as follows:-

"Wombat" £ 5,000 2 Barges £12,544. 17. 0 Tug £18,000

Interest at the rate of 4% was also awarded from

date of acquisition to date of payment. And it is from these assessments that the Marine Board of Launceston has applied to this Court for a review.

The material adduced before the Compensation Board was placed before the Court and also the decision of the A Board, This material was not treated as in evidence on ~" these reviews unless specially tendered and admitted.