A-G (Cth) v Schmidt [No 3] [1963] HCA 12

High Court of Australia Kitto J. A-G (Cth) v Schmidt [No 3] [1963] HCA 12

ORDER Costs of all parties to be paid out of moneys and investments referred to in Notice of Motion of 16th October 1953. Subject as aforesaid orders as sought in pars (1) and (2) of the said Notice of Motion.

Cur. adv. vult.

April 24 Kitto J. delivered the following written judgment:—

This is an application by the Attorney-General of the Commonwealth for certain orders under s. 13D of the Trading with the Enemy Act 1939-1957 Cth. The principal order sought is that all moneys (including interest) and all investments representing moneys (including investments representing interest and moneys in an account with a bank) standing to the credit of the High Court of Australia Suitors' Fund as a result of payments into Court by a controller appointed by the Court on 16th December 1939 in respect of the business of Döhnert Müller Schmidt & Co. (also spelt Doehnert Mueller Schmidt & Co.) be paid and transferred to the Controller of Enemy Property appointed under the National Security (Enemy Property) Regulations. An order is also sought that possession of all books and accounts relating to the same business lodged in the Court by the controller appointed by the Court and in the possession of the Court be transferred to the Controller of Enemy Property.

The moneys and investments referred to, and the possession (that is, the right to possession) of the books and accounts, are vested in the Controller of Enemy Property by the operation of s. 13C, subject to the provision in s. 13D that the same shall not be paid or transferred to the Controller except in pursuance of an order of the Court under the latter section. Sub-section (3) of s. 13D makes the Attorney-General the proper applicant for such an order.