R v McNell [1922] HCA 33

76 HIGH COURT [1922, 4 ; H.C. or A. in the declaration in answer to Questions — uaz. (f) to (a) the word " valid." Case remitted to — pau Supreme Court to make such further order See as may be necessary accordingly. Costs of Union all parties as between solicitor and client to — 'TRUSTEE be paid out of the testator's estate. Co. oF AUSTRALIA ee Solicitor for the appellant, R. J. S. Barnett, official solicitor to oo appellant. a Solicitors for the respondents, Chambers, McNab & McNab; Hae H. J. H. Henchman, Acting Crown Solicitor for Queensland; W. 4. SE on aaa ouglas ; R. McCowan. Werder», fsb J.L. Wee Trustees Lid :

Australia Lid

1991) 21 PR 55

va Yox3y 'appl

S| Asoped hemes '8a

'Stewart, Re

Ly Grone NaLRLAS4 : GCoby bay clad

1995) *

i 78 7 eetleatn ylledconerae {HIGH COURT OF AUSTRALIA]

h ' SER s a THE CROWN tj é F . . e . APPELLANT; RESPONDENT, axp ; McNEIL AND ANOTHER . i s : . RESPONDENTS. Prrrrione' i H.C. or A. ON APPEAL FROM THE SUPREME COURT OF ; 1922; WESTERN AUSTRALIA. ~~ MELBOURNE, Grown —Liability of —Breach of contract by Crown—Petition—Time for filing petition— ore aie Fraud of servants of Crown preventing I:nowledge of breach of contract—When time me begins to run—Crown Suits Act 1898 (W.A.) (62 Vict. No. 9), secs. 5 (2), 32, 33, Pern, 36, 37—Mining Development Act 1902 (W.A.) (2 Edw. VII. No. 20), secs. 19, July 27. 20, 21, 29. Knox C.J. Part IIL, (sees. 22-37) of the Crown Suits Act 1898 (W.A.) provides for the Isaacs and

Starke JJ. enforeing of claims against the Crown by a petition and proceedings thereon

31 C.L.R.} OF AUSTRALIA.

similar to those in an ordinary action between subjects. Sec. 33 provides that "No claim or demand shall be made against the Crown under this Part of this Act unless it is founded upon and arises out of some one of the causes of action mentioned in this section. Provided that nothing herein contained shall be deemed to give a cause of action for breach of contract which would not have arisen in like cireumstances before the passing of this Act. (1) Breach of any contract entered into by or under the lawful authority of the Governor on behalf of the Crown or of the Executive Government of the Colony, whether such authority is express or implied." Sec. 37 provides that "No person shall be entitled to prosecute or enforce any claim or demand under this Part of this Act unless the petition setting forth the relief sought is filed within twelve months after the claim or demand has arisen."