Barton v Commissioner for Motor Transport [1957] HCA 50

Dihigy Dor (ot QaR

97 C.L.R.] OF AUSTRALIA. 633

(HIGH COURT OF AUSTRALIA.)

BARTON zi e K 5 x PLAINTIFF ; AND

COMMISSIONER FOR MOTOR TRANSPORT DEVvENDANT.

Constitutional Law (Cth.)—Freedom of inter-State trade, commerce and intercourse— H.C. or A. State statute—Validity—Moneys collected under State Transport (Co-ordination) 1957.

Act 1931-1951 in respect of operation of public motor vehicles in course of inter- SG

State trade—Invalidity of statute authorising collection—Claim to recover moneys MELBOURNE,

0 paid—Defence that action barred by reason of section providing that actions Peb. 12, 13;

against a commissioner appointed under Transport (Division of Functions) =

Act 1932-1952 or against a person for "

SypNey, mything done" ete. under that Act pyly 11, or under some other Act conferring a power ete. on any such commissioner shall be commenced within one year of accrual—Whether defendant such a commis- sioner—Whether Act under which money paid such an " other Act" —Whether 'action for money had and received is for " anything done" —Retrospective amend- ment to section in 1956 so as to include actions for money had and received— Purported effect to bar recovery of moneys claimed as from date of engctment— Validity —Receipt of money on behalf of Crown by officer of Crown—Liability of officer in action for money had and received—The Constitution (63 & 64 Vict. c. 12), 8. 92—State Transport (Co-ordination) Act 1931-1951 (No. 32 of S.W.)—Dransport (Division of Functions) Act 1932- ea peer ote,

Taylor JJ.

Section 27 of the Transport (Division of Functions) Act 1932-1952 (N.S.W.) provides that:— All actions against any of the Commissioners appointed under this Act or against any person for anything done or omitted or purporting to have been done or omitted under this Act or under any other Act (whether passed before or after the commencement of this Act) which confers or imposes