Western Australia v Hamersley Iron Pty Ltd [No 1] [1969] HCA 42

High Court of Australia Barwick C.J. McTiernan, Kitto, Taylor, Menzies, Windeyer and Owen JJ. Western Australia v Hamersley Iron Pty Ltd [No 1] [1969] HCA 42

ORDER Originating summons to be amended to substitute the following questions for those originally asked:

A. On the true construction of the Stamp Act, 1921-1968, independently of any question of construction or validity raised by questions B and C hereof, in respect of each payment received in a place outside the State of Western Australia from Japanese buyers of iron ore mined and so won by the defendant at Tom Price in the State of Western Australia and shipped from the Port of Dampier in that State to such buyers in Japan (under f.o.b. contracts for the supply of the same), Is the Defendant Obliged by s. 101A—

(1) to deliver or cause to be delivered to the person who made each such payment a note or memorandum acknowledging such wherever such person may be; or

(2) to do or cause to be done such acts as will or may reasonably be expected to result in the delivery to such a person of such a memorandum wherever such person may be;

(3) if the answer to (1) is Yes,

(a) to deliver such note or memorandum in the State of Western Australia;

(b) to cause the same to be delivered in the State of Western Australia;

(4) if the answer to (2) is Yes,

(a) to do such acts in the State of Western Australia;

(b) to cause in the State of Western Australia those acts to be done anywhere;

(c) to cause (anywhere) those acts to be done in the State of Western Australia;

(5) in cases where the person who made such payment is not in the State of Western Australia,

(a) to bring into or cause to be brought into existence in the State of Western Australia such a note or memorandum and to place or cause to be placed thereon duty stamps of an amount calculated in accordance with s. 101A of the said Act and the Schedule thereto prior to the delivery of such a note or memorandum;