Kidman v Commonwealth [1925] HCA 55

OF AUSTRALIA. 233

[HIGH COURT OF AUSTRALIA.}

<IDMAN AND OTHERS .. i 3 . APPELLANTS ; _ RESPONDENTS,

AND THE COMMONWEALTH OF AUSTRALIA . Responpent.

APPLICANT,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

wtion—Award—A pplication for leave to enforce award—Matters of defence— Validity of award—Agreement to submit to arbitration matters in dispute in action

H.C. or A.

1925. —Validity of contract in respect of which action brought—Authority of Alorney- General of Commonwealth—Estoppel—Arbitration Act 1902 (N.8.W.) (No. 29 gypxey,

of 1902), sec, 14—Naval Defence Act 1910-1918 (No. 30 of 1910—No. 45 of Nov, 13, 16, 1918), sec, 41—Defence Act 1903-1918 (No. 20 of 1903—No. 47 of 1918), sec. 63. 17; Dee. 18.

'The appellants brought an action in the High Court against the Common- fe insted wealth to recover a certain sum as money due under two contracts for the Bre 4 building of certain ships by the appellants, and alternatively as damages for their

breach, Notice had been previously served on the appellants of certain

claims against them by the Commonwealth. While the action was pending

the Attorney-General of the Commonwealth agreed with the appellants to

submit to arbitration under the Arbitration Act 1902 (N.S.W.) the matters in

dispute between the parties. This agreement recited the making of the two

contracts. The questions submitted were whether the Commonwealth was

_ entitled to refuse to accept delivery of certain vessels, and what sums of money

(if any) were due by either of the parties to the other in respect of the contracts.

The arbitrator having made his award in favour of the Commonwealth for a

'certain sum of money, the appellants moved the Supreme Court of New South

Wales to set aside the award or to remit it to the arbitrator on certain grounds,

none of which related to the validity of either of the contracts. That motion