High Court of Australia
10LR.] OF AUSTRALIA. 421
by any Statute. The case of Black v. Christchurch Finance Co., H.C. oF A. (1894) A.C., 48, is authority, if authority be needed, for the pro- pas position that the liability of the principal for the actsof hisagent Roxsrrs is not excluded by the fact that the agent is a contractor, or him- 4 yay, self works by sub-agents. The terms of the employment must
be the subject of inquiry to the extent of ascertaining that the
relation of service or agency exists in fact, but in our judgment
the Executive Government cannot be controlled either in its choice
of agents or in the form of their appointment or mode of their remuneration. Nor, in our judgment, is it material whether the appointed agent does the work with his own hands, or through
the medium of his servant. For these reasons we think that the appeal must be allowed.
Appeal allowed with costs.
Solicitor, for appellant, Powers, Commonwealth Crown Solicitor.
Solicitor, for respondent, Pyman, Melbourne.
{HIGH COURT OF AUSTRALIA.)
. HIS MAJESTY'S ATTORNEY-GENERAL IN AND FOR THE STATE OF NEW SOUTH; APPELLANT ; WALES AND _ BRIDGET METCALFE, RICHARD THOMAS WATKINS, WILLIAM WATKINS, ere TILDA MOLONEY, MICHAEL HOGAN,
; RESPONDENTS. aNd DENIS O'KENNEDY |
ON APPEAL FROM THE SUPREME COURT OF H. C. of A. NEW SOUTH WALES. 1904, — Will—Construction—Charitable purposes—Indefiniteness. § YDNEY, A devise of real property to "the Reverend D. O'K. . . . Parish June, 27, 28,
Priest," with a direction to sell and expend the moneys derived from the sale —
hereof ''in and towards Church or Convent purposes at C, or for any other Griffith, OF, "purpose or purposes that in his discretion he may think best": FOmne ns
H.C. or A. 1904, ——
ATTORNEY-
GENERAL FOR
New Soutn Waxes
v MErcaLrEe AND OTHERS,
HIGH COURT [1904,
Held, not to be a good gift for charitable purposes, but void for uncertainty. Decision of A. H. Simpson, ©.J. in Equity, (18th April, 1904), affirmed.
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