High Court of Australia
316 HIGH COURT
{HIGH COURT OF AUSTRALIA.)
THE VICTORIAN RAILWAYS COMMIS- SIONERS } J DEFENDANTS,
AND
GEORGE BROWN . ; f PLAINTIFF,
ON APPEAL FROM THE SUPREME COURT OF VICTORIA.
H.C. or A. Railways Act 1890 (Vict.) (No. 1135), sec. 93 (Victorian Railways Con
1905. Act 1883 [No. 767], sec. 72)—Railway employé—Dispensing with — " Compensation "—Meaning of "to be computed under the pro
MELBOURNE, Vo, 160."
Nov. 14, 15, canis '
16. 17, 25. An employé or officer of the Victorian Railway Service who held o
the Railway Department at the time of the passing of the Victorian R
Griffith C.J., Commissioners Act 1883, and whose services are dispensed wil eae fault of his own, but at the pleasure of the Commissioners, is enti
pensation for the loss of his office, Such compensation is to be compu the same manner as the compensation provided for by sec. 12 of A is by that section directed to be computed.
So held by Grifith C.J. and Barton J.; O'Connor J. dissenting.
Decision of the Full Court of Victoria, Brown v. The Victorian J Commissioners, (1905) V.L-R., 472; 27 A.L.T., 25, affirmed.
Appear from the Supreme Court.
In an action brought by George Brown against the Railways Commissioners a special case, for the opinion ( Full Court, was stated by consent of the parties, which v follows :—
"1. The plaintiff, George Brown, was in the year 1866¢ as an engine cleaner in the Department of Railways,
Department having in the year 1862 been declared
OF AUSTRALIA. 317
OLR] en rary Department by the Governor in Council under the H.C. or A. Iporary Mi provisions of the Public Service Act (No. 160). ds
"2. The plaintiffcontinued to be employed as such cleaner, and yycrortax
afterwards, in the year 1874, he was employed as an engine eas driver in the said Department, and he was at the time of the stoners passing of the Victorian Railways Commissioners Act 1883 ae employed as an engine driver, and always during the whole period of his service received payment of the wages fixed for the class of work which he was performing.
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