High Court of Australia
as
HL &. Daw, Got. Print, Melb.
bl X\ IN THE HIGH COURT OF AUSTRALIA'
SSIONER FOR RAILWAYS
vy.
THE PARRAMATTA AND GRANVILLE ELECTRIC SUPPLY.COMPANY. LIMITED... —
REASONS FOR JUDGMENT
Ose
THE COMMISSIONER FOR RAILWAYS
Vv. THE PARRAMATTA AND GRANVILLE ELECTRIC SUPPLY COMPANY LIMITED.
QO RD EF R.
APPEAL DISMISSED WITH COSTS |
et
THE COMMISSTONER FOR RATLWAYS
ve
THE PARRAMATTA AND GRANVILLE ELECTRIC PLY COMPANY LIMITED
RICH J. JUDGMENT . DIXON Je
McT IERNAN J, WILLIAMS J) |
THE COMM o. OR RAILWAY:
Ve
THE PARRAMATTA AND GRANVILLE ELECTRIC SUPPLY COMPANY LIMITED.
RICH J. JUDGMENT. DIXON J. McTIERNANJ
WILLIAMS J.
This is an appeal from an order of the Supreme Court of New South Wales determining questions raised by an award in the form of a special case stated by an arbitrator in pursuance of the power conferred upon arbitrators by sec. 9 of the Arbitration Act 1902 (N.S.W.).
The questions related to the meaning of a few words contained in a letter addressed by one party to the other. The words consist simply in a reference to a clause in an agreement between the parties but they are at issue as to what the words should be understood to refer.
The appellant, who is the Commissioner of Railways, apparently supplies electricity in bulk to electrical undertakings which distribute electric current to consumers. The respondent company conducts such an undertaking. In 1920 the appellant Commissioner and the respondent company entered into an greement under seal for the supply by the former to the latter of electricity up to a stated maximum load. The agreement had no fixed term but was to remain in force until one party gave to the other two years' notice of termination.
The charge for the electric energy to be supplied fell into two parts. One part consisted of a rate per kilowatt hour for the kilowatt hours supplied. With that the appeal is not concerned. The other part was a charge based upon the average rate of supply in kilovolt amperes measured over a maximum half hour observed during a period. The agreement named twelve months as the period,
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