Smith Nominal v William Charlick Limited [1924] HCA 13

H C.or A. Money Had and Received—Voluntary payment—Money paid under threats—Wheat

1923-1924. aw ADELAIDE, Sept. 27, 28, 1923; May

22, 1924.

Knox C.J., Isaacs, Higgins, Rich and Starke JJ.

WILLIAM CHARLICK LIMITED z ' . RESPONDENT.

HIGH COURT

(HIGH COURT OF AUSTRALIA.]

Nominat DEFENDANT,

AND

PLAINTIFF,

ON APPEAL FROM THE SUPREME COURT OF SOUTH AUSTRALIA.

harvest scheme of South Australia—Sale of wheat by Wheat Harvest Board— Demand for further payment—Payment under threat to sell no more wheat to purchaser—Action against Government—Wheat Harvest (1915-1916) Act 1915 (S.A.) (No. 1229), secs. 4, 5, 8, Schedule—Wheat Harvest (1915-1916) Act Further Amendment Act 1917 (S.A.) (No. 1291), sec. 5. ~

Sec. 5 (1) of the Wheat Harvest (1915-1916) Act 1915 (S.A.) provides that "all wheat delivered to the Government for sale by the Government on account of the owners may be sold at such time or times and at such place

or places as the Minister may decide and at the best price obtainable at the time."

Held, by Knox C.J., Isaacs, Rich and Starke JJ. (Higgins J. dissenting), that neither that sub-section nor any other provision of the Wheat Harvest Acts 1915 to 1917 imposes on the Government any duty towards persons desiring to buy wheat of which a refusal by the Government to sell wheat to a particular individual is a breach.

Held, also, by the whole Court, that, where one person demands from another money which, as the former knows, the latter is not bound to pay, the that payment is made only to avert from the latter some great evil which will, as both parties know, immediately follow if the demand is not complied with, does not make the payment involuntary so as to entitle the latter to recover i

34 C.L.R.] OF AUSTRALIA.

Hills v. Street, (1828) 2 Moo. & P. 96; Kendal v. Wood, (1871) L.R. 6 Ex. H.C. or A.