Commonwealth v Quince [1944] HCA 1

Foll. Foll, Appl Appl Foll AG(UK)v "2G (UK)y —'Melboumev Keetast Wy gr ae Heinemann Heinemann Department of 1984] eal Babin Aes Soctal Security Year wu Retin & LEGS os weal ef it aia Gi" GEES a Dist seo 453 Police (3399) Kictortg SL ECR 95 oliice dose 68 C.L.R.] OF AUSTRALIA. Hea 227 [HIGH COURT OF AUSTRALIA.] THE COMMONWEALTH . é i . APPELLANT ; PLamntirr, AND QUINCE AND ANOTHER . ' i i . RESPONDENTS. DEFENDANTS,

ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND.

Master and Servant—Action per quod servitium amisit—Injury to member of Royal Australian Air Force—Relation between Crown and member of defence forces— Nature of action per quod servitium amisit—Measure of damages—Air Force Act 1923-1941 (No. 33 of 1923—No. 12 of 1941)—Air Force Regulations (S.R. 1927 No. 161—1941 No. 228), regs. 31, 36, 94, 95.

The action per quod servitium amisit does not lie at the suit of the Crown in respect of the loss of the services of a member of the Royal Australian Air Force.

So held by Rich, Starke and McTiernan JJ. (Latham C.J. and Williams J. dissenting).

Nature of the relationship between the Crown and a member of the defence Mi

forces considered,

Nature of the action per quod servitium amisit and measure of damages therein considered.

Decision of the Supreme Court of Queensland (Philp J.) : The Commonwealth v. Quince, (1943) Q.S.R. 199, by majority, affirmed.

Appra from the Supreme Court of Queensland.

An action was brought in the Suprerhe Court of Queensland by the Commonwealth of Australia against William Charles Quince and his wife, for damages for loss and expenses to the Commonwealth consequent upon injuries sustained by Ronald Hugh Rowland, a member of the Royal Australian Air Force, by reason of the negligent

H.C. or A

1943-1944. WwW

Sypney, 1943, Dee. 13.

MELBOURNE, 1944, Feb.

5.

Latham C.J., Rich, Starke, nan and Williams JJ.