High Court of Australia
14 C.L.R.] OF AUSTRALIA. 17
(HIGH COURT OF AUSTRALIA.)
HIS MAJESTY THE KING é ' d APPELLANT ; RESPONDENT,
AND
JOHN BROWN AND OTHERS . : . RESPONDENTS. PETITIONERS,
ON APPEAL FROM THE SUPREME COURT OF VICTORIA.
Contract—Bank deposit receipt lodged as security for due performance of contract H. C. oF A. with Crown—Liabitity of Crown to repay money represented by deposit receipt '1912. —Chose in action consisting of right against Grown—Assignment—Petition of —§ ——
right—Crown Remedies and Liability Act 1890 (Vict.) (No. 1080) sec. 20. Mersourne, Feb. 26, 27, A chose in action consisting of a right against the Crown can be assigned 28, 29;
so as to entitle the assignee to present a petition of right under the Crown March 11. Remeilies and Liability Act 1890, sec, 20, in respect of it. CEEien Barton and
In May 1892 the Government of Victoria called for tenders for the supply Isaacs JJ. of coal to certain Government Departments for the period Ist July 1892 to 30th June 1893, one of the conditions being that :—" Security will be required in cash Government debentures or bank deposit receipt in favour of the Secre- tary, Tender Board." P., acting for B., his undisclosed principal, tendered, his tender was accepted, and two contracts were entered into between him and " W. Kemp, Secretary to the Tender Board of Victoria for and on behalf of Her Majesty and Her Majesty's Government of the said Colony." The amount of the security in respect of the two tenders was £710. Each contract provided that in the event of the contractor failing to carry out the contract "the contract security money will in that case be absolutely for- feited," and each contained a condition that deductions might be made from the "security money " for certain breaches of the contract. P., who had an overdrawn account at the L.C. Bank, into which he paid moneys received by him for the sale of coal on behalf of B., drew a cheque on that account for £710, and received in exchange for it from the Bank a deposit receipt for £710 in favour of Kemp, repayable in twelve months with interest, and purporting
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