Mathews v Burns [1918] HCA 38

HIGH COURT

(HIGH COURT OF AUSTRALIA.)

MATHEWS . $ Sita DEFENDANT,

' z 5 . APPELLANT;

AND

BURNS, sesh 0 tees wea tees ted CoMPLAINANT,

RESPONDENT.

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H.C. or A. Industrial Arbitration—Organization—Recovery of dues—Court of summary jurisdic- tion—Imprisonment in default of payment—Commonwealth Conciliation and Arbitration Act 1904-1915 (No. 13 of 1904—No. 35 of 1915), sec. 68—Acts Interpretation Act 1901-1916 (No. 2 of 1901—No. 4 of 1916), sec. 26—Judiciary Act 1903-1915 (No. 6 of 1903—No. 4 of 1915), sec. 79—Small Debts Recovery Act 1912 (N.S.W.) (No. 33 of 1912), sec. 7*—Justices Act 1902 (N.S.W.) (No.

1918. a Sypney, Aug. 12.

Isaacs, Gavan Dufty and Rich Ju.

27 of 1902), sec. 82,

A complaint to recover contributions alleged to be due to an organization registered under the Commonwealth Conciliation and Arbitration Act 1904-1915 by a member thereof was heard by a Stipendiary Magistrate sitting as a Court of Petty Sessions of New South Wales, and an order was made for payment

* Sec. 7 of the Small Debts Recovery Act 1912 (N.S.W.) provides that Courts of Petty Sessions shall have power to hear and determine in a summary way all actions whatsoever (inter alia) for the recovery of any debt or liquidated demand not exceeding £30. Sec. 43 provides for execution in default of payment of money ordered by a Court of Petty Sessions to be paid.

Sec. 82 of the Justices Act 1902 (N.S.W.) provides that " (1) In no ease shall . |. . any sum of money, or costs, adjudged to be paid by any 4 order made by any justice or justices founded on . any other 'Act past or future, be or be adjudged to

be levied by distress. (2) Whenever by any . . . order it is adjudged that any . . - sum of money, or costs, shall be paid, the justice or justices making the . . . order shall therein and thereby adjudge that, in default of payment, in accordance with the terms of the . . . order, of the amount thereby adjudged to be paid as ascertained thereby, the person against whom the conviction or order is made shall be imprisoned and so kept for such period as to such justice or justices seems fit, unless the said amount . . . be sooner paid."