Bennett v Minister for Public Works (NSW) [1908] HCA 50

BENNETT

THE MINISTER FOR PUBLIC WORKS

HIGH COURT

(HIGH COURT OF AUSTRALIA.)

i APPELLANT PLAINTIFF,

AND

RESPONDENT. (New Sourn WaALEs) } a

DEFENDANT,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H.C. or A. Construction of Statutes—Consolidation—Hffect of consolidating Act upon inter-

1908. SS Sypy

Griffith C.J., O'Connor and Isaacs JJ.

vening amending Act—Interpretation Act 1897 (N.S.W.), (No. 4 of 1897), sec. 25—Resumption of land by Crown—Interest on compensation moneys—Lands for Public Purposes Acquisition Act 1880 (N.S.W.), (44 Vict. No. 16), sec. 16— Darling Harbour Wharves Resumption Act 1900 (N.8.1W.), (No. 10 of 1900), sec. 13—Public Works Act 1900 (N.S. W.), (No. 26 of 1900), ec. 119 (2).

Sec. 25 of the Interpretation Act 1897, which provides that, where an Act repeals and re-enacts with or without modification any provisions of a former Act, references in any other Act to the provisions so repealed shall, unless the contrary intention appears, be construed as references to the provisions so re-enacted, does not apply to a case where the Act which refers to the repealed Act refers to it not for the purpose of embodying any of its pro- visions, but merely by way of amending or repealing some of them.

Sec. 16 of the Lands for Public Purposes Acquisition Act (44 Vict. No. 16), provided that the interest payable on compensation moneys should be at the rate of 6 per cent. per annum, 'The Darling Harbour Wharvea Resumption Act 1900, assented to on 4th September of that year, by sec, 13 provided that after the commencement of that Act interest payable under sec. 16 of 44 Viet. No. 16 should be at the rate of 4 per cent. " instead of 6 per cent. per annum as in the said section mentioned." On the 22nd of the same month the Public Works Act 1900, which purported to be merely a consolidating Act, by sec.