THE MINISTER OF STATE FOR THE NAVY V. GOLDIE

oars

HL J, Green, Gort, Print, Melb.

IN THE HIGH COURT OF AUSTRALIA.

REASONS FOR JUDGMENT.

Judgment delivered at___ weppouREE On. EUDBRADAY ,-23RD-KAY, 1945. ———

We

RBASONS YOR JUDGMENT. SATHAR Gud

~ This is an appeal frou a cecision of the Suprene Court of Western Australia upon a review under the provisions of the Hational Security (Generel) Regulations referring to compensation for, inter alia, property taken under the regulations, Three peerling luggers were teken in February 1944, after having been used under a temporary requisition einee about February 1942. A Compensation Board assessed sertain moneys as representing whet should fairly be payable by way of compensation in pursuance of the regulations, An epplication was made to the Supreme Court of Western Australis for review, and 1% ie from the decision upon that review that the appeal ie brought to 'this court.

The largest and most valuable of the luggers taken wos the "Gloria", and it has been agreed between the parties upon thie appeal that the value of the other two vessels concerned, the "Rosef and the "Hiobe", bear the proportion respectively of 70% and 50% to the value of the "Gloria". The luggers are pearling luggers used at Broome, and are specialised vessels constructed for pearling et Broome. They are built at Broome, end no similar vessels are built anywhere elee. The Navy, however, required the use of these vessels, and acquired then under the regulations.

Ko luggers were available for purchase upon the market. There were no eales of luggers from tine to tine which would enable a court to escertain and apply a criterion of value, it wae therefore necessary to ascertain what a willing purchaser would be prepared to pay to a not unwilling vendor in aecordance with the general principle which has been stated in this court in Spencer's Cage, 5 0.1.8., 418. A method of