Lucy v Commonwealth [1923] HCA 32

33 C.L.R.] OF AUSTRALIA. 229

has been proved ; and, as the respondent Mrs. Ure has failed in this H- ©. or A. it

proof, the decision of the directors cannot be canvassed in a Court of

law. AUSTRALIAN es Merro- The appeal ought to be allowed. EES Lire AssURANCE

Appeal allowed. Order of Lukin J. discharged. Cola Application dismissed with costs. Respon- Ure. dents to pay costs of appeal.

Solicitors for the appellant, Feez, Ruthning & Baynes. Solicitors for the respondents, Hawthorn & Lightoller.

al Fol & JL. W.

(HIGH COURT OF AUSTRALIA.)

UCY... . ' , 7 ; a : : s PLAINTIFF ; AGAINST

THE COMMONWEALTH . . . .. . DeFeNpanT.

Public Service (Commonwealth)—Officers in transferred Departments—Rights pre- 1 © op A, served—Removal on account of age only—Remedy of officer—Damages for wrongful 499.1993, dismissal—Measure of damages—The Constitution (63 & 64 Vict. c.12), sec.84— Commonwealth Public Service Act 1902-1918 (No. 5 of 1902—No. 46 of 1918), Myrnourne, secs. 60, 73, 74, 76—Civil Service Act 1874 (S.A.) (37 & 38 Vict. No. 3), secs. 22, Nov, 9 28, 32—Civil Service Amendment Act 1881 (S.A.) (No. 231), sec. 4. ;

'The plaintiff, who was an officer of the Postal Department of South Australia

1 td

at the time that Department was transferred to the Commonwealth pursuant to 4,00" sGanine

see. 69 of the Constitution, remained in' the Public Service of the Common- and|Starke 175 wealth in that Department until 1919, when he was removed from that Public

Service by reason only of the fact that he had attained the age of sixty-five

i) years. The removal of the plaintifi was admitted to be unlawful.

H. C. or A. 1922-1923. SS}

Lucy v THe Common- WEALTH.

HIGH COURT [1922.1

Held, by Knox C.5., Isaacs, Higgins and Starke JJ., that the plaintifi' remedy against the Commonwealth for his removal was damages for the unlaw- ful termination of his services, and that the measure of damages was the same as that in an action for wrongful dismissal.