Lady Carrington Steamship Company Limited v Commonwealth [1921] HCA 49

596 HIGH COURT (a2,

H.C. oF A. that the minimum rate to be paid to apprentices is not to be less than Ress the minimum rate prescribed by or under the appropriate State law Joux Herve leaves quite undetermined what is to be the position where the rate € Sox Ta". under the Federal award is greater than that under the State law, Plexsk®. Tn that event sub-clause (a) must apply, and the minimum rate of Staned. wages fixed by it is to be paid—in this case 70s. per week,

Question answered No. Appellant to pay the costs of the appeal.

Solicitors for the appellant, Dawson, Waldron, Edwards & Nicholls. cae Solicitors for the respondent, Sullivan Bros. Be BLL,

SRR

(HIGH COURT OF AUSTRALIA.)

THE LADY CARRINGTON STEAMSHIP ) ; COMPANY LIMITED a

THE COMMONWEALTH zi Dprexpant.

H.C. or A. Practice—High Court—Stay of proceedings—Submission to arbitration—Applica

may. bility of State Actas to arbtration—Questions of law involved —" Court er

~ ising Federal jurisdiction —Arbitration Act 1902 (N.S.W.) (No. 20 of 1902),

Seowey, ses, 3, 6—Juiciary Act 1908-1920 (No. 6 of 1903 —No. 88 of 1020), oe. 78

Nev. 18. War Precautions (Shipping) Requtaions 1918 (Statutory Rales 1918, Not 8 ae

Benes! Sec. 6 of the Arbitration Act 1902 (N.S.W.) provides that "Hf any party

to 2 submission commences any legal proceedings in any Cost

Against any other party tothe submission... im reapoot of any mar

agroed tobe refered, any party to such legal proceedings may . . « a78

to that Court to stay the proceedings, and that Court or a Judge if sts that there is no sufficient reason why the matter should not be sefemed it accordance with the submission . . . may make an order staying the

OLR.) OF AUSTRALIA, ier

proceedings." 'The word "'submission" is by sec. 3 defined as meaning H.C. or A.

"q written agreement to submit present or future differences to arbitration, 1921, whether an arbitrator is named therein or not." ~ ' Lay