Prentice v Nugan Packing Co Pty Ltd [1950] HCA 51

H. C. or A.

1950. eee)

Sypyey, Nov. 10,

an C.S.,

Latha Di

'McTiernan, Williams, Webb, Pullagar, and Kitto JJ.

HIGH COURT [1950.

[HIGH COURT OF AUSTRALIA.)

PRENTICE RrsronpvEN',

AND

NUGAN PACKING COMPANY PROPRIE TARY LIMITED

APPELLANT,

Pesvoxoast

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Industrial Law—Wages—Recovery—Rate fixed by award—Termination of employ-

ment—Limitation of time—District Court—Jurisdiction—Industrial Arbitration Act 1940-1948 (N.S.IV.) (No. 2 of 1940—No. 13 of 1948), s. 92 (2) (3).

A District Court is deprived by s 1940-1948 (N.S Act for the r has been fixed by an award where the

2 (2) of the Industrial Arbitration Act W.) of jurisdiction to entertain an action under s. 92 (3) of that

overy of unpaid arrears of wages for which a price or rate

n was commenced more than

six months after the termination of the employment in respect of which the wages were earned.

Decision of the Supreme Court of New South Wales (Full Court): Ex parte Nugan Packing Co. Ply Ltd. ; Re Prentice, (1950) 50 8.R. (N.S.W.} 67 W.N. 187, affirmed.

Apprat from the Supreme Court of New South Wales.

On 26th September 1949, Norman Bowen Prentice instituted an action in the District Court holden at Casino, New South Wales, against Nugan Packing Co. Pty Ltd. for the recovery of the sum of £184 18s. 4d., which was alleged to have become due to him as wages during the last twelve months of his employment with that company as a motor waggon driver under the Carters and Motor Waggon Drivers (State) Award.

The ground of defence material to this report notified by the defendant to the plaintiff was that the claim was for the amount

81 C.L.R.] OF AUSTRALIA.

of an alleged balance due in respect of a price or rate fixed by a award or industrial agreement made under the Industrial Arbitra- tion Act 1940-1946 (N.S.W.) and the employment of the plaintiff with the defendant terminated more than six months before the commencement of the action and the defendant relied upon s. 92 of that Act.