BRAITLING V. BOWES 17/1954

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(Sb 1954 1017

IN THE HIGH COURT OF AUSTRALIA

Judgment delivered at MEY on... 18th Judy .1997...,

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BRAITLING v. BOWES

ORDER

Appeal allowed with costs. Judgment of Local Court set aside and judgment entered in the action for the defendant with costs.

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BRAITLING

DIXON C.J.

BRAITLING _v, _ BOWES.

The respondent to this appeal was the plaintiff, and the appellant was the defendant, in an action in the local Court of Alice Springs, exercising jurisdiction under the Local Court Ordinance, No. 6 of 1941. The action was heard by Kriewaldt J., who gave judgment for the plaintiff for the sum of £165. From that judgment this appeal is brought pursuant to ss. 54 and 56 of the Ordinance,

The action was for the recovery of wages to which the plaintiff claimed to be entitled in respect of services rendered to the defendant as a cook at the homestead on the defendant's pastoral property during the period from 6th February 1952 to 7th October 1952. The property, known as Mount Doreen Station, is in the Northern Territory, on the main road from

' Alice Springs to Wyndham,

Mount Doreen is a cattle station, and it includes some mining Leases comprising wolfram-bearing country. At the time when the events began with which the action was concerned, the plaintiff's husband, Robert Bowes, was working a wolfram mine on an adjoining mining lease held by the defendant's wife. The plaintiff and their two young children were living with him there. One Balzer had been working a more profitable mine on one of the defendant's Leases, but he had recently gone away and failed to return. On Sth February 1952 a conversation took place between Bowes and the defendant, and they agreed that Bowes should work the mine which Balzer had left. The terms agreed upon were that the defendant should provide the lease and the plant, that Bowes should do the mining with the assistance of native labour, and that they should divide equally the working expenses of the mine and the proceeds of the sale of wolfram.