Owners of the SS Kalibia v Wilson [1910] HCA 77

LR.) OF AUSTRALIA. 689

[HIGH COURT OF AUSTRALIA.)

E OWNERS OF THE SS. KALIBIA . APPELLANTS;

AND

ALEXANDER WILSON 2 é . RESPONDENT.

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Ys Compensation Act 1909 (No. 29 of 1909), secs. 4, 13-—-Order for detention H.C, oF A. | of ship—Power of Judge in Chambers to set aside ex parte Order—Appeal 1910. to High Court—Judicial order—Appeal—Ship engaged in coasting trade—~ = —— Cargo—Goods carried without freiyht—Validity of Federal Statute—Applic. S¥DN - ability of American decisions in construction of Commonwealth Constitution—- Dec. 1, 2, 5, Sexerability—The Constitution (63 & 64 Vict. c. 12), secs, 51 (1), 76 (111.), 98 a —Regulation of internal trade of a State—Trade and commerce clause—Navi- gritith 6.3.,

gation and shipping—Laws of admiralty and maritime jurisdiction. Cone.

Isaacs and A Tudge in Chambers has power to set aside an order made ex parte by Higuins J.

another Judge under sec. 13 of No. 29 of 1909. An order made for the deten-

.—A power conferred upon a judicial officer, e0 nomine, to 'make an order to the prejudice of another, is primd facie judicial,

When a judicial order has been obtained ex parte, the party affected by it 'may apply for its discharge.

_ Aship was chartered to carry cargo from New York to Australian ports. While the ship was at Adelaide, the chief officer, at the request of the charterers' agent, agreed to take charge of a small package, which had been 'consigned from New York to Brisbane by another ship, and had been dis- charged at Adelaide by mistake.

_ The chief officer carried the package in his cabin from Adelaide to Brisbane, and delivered it there to the charterers' agents, The package was not 'entered in the ship's manifest, no Dill of lading or shipping note was signed in 'VOL. XI. 47

H.C. or A.