High Court of Australia
Nor, ON, | FL BE GRY (7
IN THE HIGH COURT OF AUSTRALIA.
_ THE..MELBOURNE HARBOR TRUST COMMISSIONERS
.. THB MINISTER OF STATE FOR THE. NAVY
gic AL
" REASONS FOR JUDGMENT.
Judgment delivered at. MELBOURNE.
HL J, Green, Govt, Print, Melb.
a FRIDAY, 21st. December 1945...
ors
HE _MELB OQURNE ie) ust CO STO.
Ve
| . THE MINIST. F STATE FOR THE NAVY
ONS FOR . " LATHAN Cede
THE MELBOURNE HARBOUR TRUST COMMIS STONERS
ve
THE MINISTER OF STATE FOR THE NAVY BAS ON IR Gi . LATHAM C.J.
On 13th March 1944 the Minister for the Navy temporarily requisitioned the coaling vessel "Mombah", which was owned by the Melbourne Harbour Trust. On 22nd December 1944 the vessel was permanently requisitioned by the Minister under the powers conferred upon him by the National Security (General) Regulations, reg. 57. The parties were unable to agree upon the proper amount of compensation to be paid by the Minister and the claim for compensation came before a Compensation Board, which assessed the compensation at £15,000. 'The claimant was dissatisfied with this assessment and has applied to this court for a review of the assessment. The function of the court under reg. 60G(5) is to hear the application and to determine whether any compensation is payable and, if so, the compensation which it thinks just. ;
The "Mombah" was built in 1923 for use by the Royal Australian Navy. She is a specially constructed coaling vessel. She has no means of propulsion. The length of the vessel is 315 feet, breadth 50 feet, depth 28 feet, gross tonnage 3,440 tons, dead weight 5,400 tons. The vessel had originally 18, now 16,derricks and winches. She is exceptionally large as a coal storage vessel, having a capacity of 4,720 tons, and is expensively and elaborately constructed. It appears from the evidence that coal hulks generally do not exceed 1300 tons and, more generally, run about 300 or 400 tons. The "Vombah" was specially made » that she could coal ships in harbours or in rivers, and so that she was strong enough to be taken to sea. She was made with internal sloping sides so as to be self-trimming.
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