High Court of Australia
PCA, SPCA,
D, ts Land Counc; sadam Peles Laser? (a fon i y14
H. C. or A. 1942. aa
ADELAIDE,
Sept. 21, 22.
MELBourNE, Oct. 20. Latham C.J.,
Rich and Starke JJ.
Appl Dis Foll ziscd ', Aust Hospital — Northern Northern
Core (aoe) Land Council
ATR 593
(2002 TR
HIGH COURT [1942.
[HIGH COURT OF AUSTRALIA.]
THE LITTLE COMPANY OF MARY (SOUTH AUSTRALIA) INCORPORATED . PLAINTIFE ;
AND
THE COMMONWEALTH AND ANOTHER. DEFENDANT.
THE MEMORIAL HOSPITAL INCORPOR- Pp ek ATED : é LAINTIFF ;
THE COMMONWEALTH AND ANOTHER. DEFENDANT.
National Security—War Damage to Property Regulations—Hxemption from con- tribution to War Damage Fund—* Public hospital" —National Security (War Damage to Property) Regulations (S.R. 1942 No. 79), reg. 32.
Hospitals, which were established and controlled by organizations connected
Bs: with the Roman Catholic and Methodist Churches and were not carried on for
any personal profit, which accepted patients of all religious denominations and charged fees to most, but not all, patients, which were not subject to any form of public control, and in relation to which the members of the public had no rights, Held, by Latham C.J. and Starke J. (Rich J. dissenting), not to be public hospitals within the meaning of reg. 32 of the National Security (War
Damage to Property) Regulations.
CASES STATED. The Little Company of Mary (South Australia) Incorporated and
The Memorial Hospital Incorporated brought separate actions in the High Court against the Commonwealth of Australia and the War Damage Commission. In each action the parties concurred in
66 C.L.R.] OF AUSTRALIA.
stating, pursuant to Order XXXII, rule 1, of the Rules of the High Court, a special case for the opinion of the Full Court.
The Little Company of Mary (South Australia) Incorporated v. The Commonwealth.—The case stated was substantially as follows :—
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