High Court of Australia
IN THE HIGH COURT OF AUSTRALIA
THE JOINT COAL BOARD.
THURLEYS PROPRIETARY LI
MITED & en a re
REASONS FOR JUDGMENT
; SYDNEY Judgment delivered at... on_ FRIDAY, 4th November, 1949
HB Dew, Gov, Print, Melb. 6.12280/45
THE JOINT COAL BOARD
THURLEYS PTY. LTD, and NORMAN ANTHONY WOOD.
SUDGMENT. WEBB J.
THE JOINT COAL BOARD v. THURINYS PTY. LTD. AND ANOR.
JUDGMENT . WEBB J.
The claimant Joint Coal Board created by the Commonweal th Coal Industry Act 1946 (No. 40} and the New South Wale s Coal Industry Act 1946 (No. 44) issued out of the Supreme Court of New South Wales a summons in ejectment against the defendants who were tenants of a room in Frazer House, Bridge Street, Sydney. In its particulars of claim the Board claimed to be seized .in fee simple of the building as the result of a resumption of the building under the New
South Wales Public Works Act 1912 as amended.
It is convenient at this stage to set out pro= visions of this Commonwealth and New South Wales legislation, so far as material. The long title to the Commonwealth Act states that it is an Act to provide means for securing and
maintaining adequate supplies of coal throughout Australia and
for providing for the regulation and improvement of the coal industry in the State of New South Wales and for other purposes. The preamble to the Act states, among other things, that it
had been agreed between the Commonwealth and New South Wales F Governments that they should Jointly establish authorities i vested with power to take action to attain those objectives. Section 5 provides that the Governor-General may enter into an arrangement with the Governor of New South Wales for the con- stitution of an authority which shall be known as the Joint Coal Board and that the Board shall be a body corporate with perpetual succession and may acquire real property. In Section t3 it is declared that the Board is to have all the powers and functions specified in the Act and that those powers and functions are vested in the Board to the extent to which they are not in excess of the legislative powers of the Common-
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