High Court of Australia
H.C. or A, Prading with the Enemy—Enemy company—Winding wp business in Austral
1922. ww MELBOURNE,
Feb. 20-22; Mar. 20-22; May 11.
Knox C.J. Isaacs and Gavan Dufly JJ.
THE BROKEN HILL PROPRIETARY |
WARNOCK . ' : } i 4s 2 . REsponvE
HIGH COURT fe
[HIGH COURT OF AUSTRALIA.]
COMPANY LIMITED mee
AND
ON APPEAL FROM A JUSTICE OF THE HIGH COURT.
Controller—Order of Minister for Trade and Customs—Application to Court to determine questions—Jurisdiction of High Court—Questions as to claim arising out of contract—Discretion—Contract—Suspension by war—Declarati by Attorney-General as to contract being enemy contract—Trading with the Enem Act 1914-1921 (No. 9 of 1914—No, 23 of 1921), secs, 2, 94—Hnemy Contrad
Annulment Act 1915 (No. 11 of 1915), secs. 2, 3.
Sec. 9u of the Trading with the Enemy Act 1914-1916 authorizes the )
High Court nor the jurisdiction of that Court to determine questions 0 applications is to be measured by the standard which has been laid down
controller under an order conferring power to apply to the High Co determine any question arising in the carrying out of the order, the Court has jurisdiction to determine questions which arose between the pany in carrying on its business before an order was made for the windir of its business and parties claiming adversely to the company so as to bit those parties. 4
30 C.L.R.] OF AUSTRALIA.
Held, also, that where the controller and the parties claiming adversely to H. C. or A.
the company desire the Court to determine such questions, the Court should determine them if it is satisfied that the necessary materials on which to base a decision are before it.
By an agreement made in March 1914 for the sale by the A company to the B company of zine concentrates to be delivered from time to time up to the year 1921, it was provided that on the happening of any of certain events, including " war," either of the parties might suspend the contract, and that in the event of such a suspension any quantities of concentrates, delivery of which had been thereby deferred, should be delivered after the delivery of the quantity contracted for for the year 1921 should have been delivered.
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