High Court of Australia
* oS os : 4 Qu . SLADE Ve WESTRALIAN FARMERS LTD
JUDGMENT - STARKE J.
The aotion is brought by Charlea H. Slade against Weetralian Far- mera Ltd, The Statement of Claim alleges that the plaintiff is a merchant carrying on businesa at Sydney and Melbourne, which are the capitals of the States of New South Wales and Victoria respectively, and the defendant @ duly registered Company, carrying on business at Perth, which is the
I. LI GF : capital of, Weaten Australia. Objection is taken that this Court has no jurisdiction to hear the action . The Court has original jurisdiction in "mattera between residents of different States" (Constitution S 75 (iv)), but The Australasian Temperance and General Mutual Life Assurance Society ve Howe 31°C.L.R. 290, is a decisive authority that a corporation, or a Compan) registered under Trading Companies Acts, cannot be a resident of a State W within the meaning of this provision. The allegations in the Statement of Claim ao not, therefore, found any jurisdiction in this Court, and the action must be struck out. But it is struck out without costs: the objec- tion ought to have been raised at an early Stege of the action, and not
at the last moment, when the cause is in the liat for hearing .
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