High Court of Australia
33 C.L.R.] OF AUSTRALIA.
{HIGH COURT OF AUSTRALIA. Ix re THE AUSTRALIAN METAL COMPANY LIMITED.
Trading with the Enemy—Enemy company—Business in Australia directed to be wound up—Interest on debts owing by company—Trading with the Enemy Act 1914-1921 (No. 9 of 1914—No. 23 of 1921), sec. 9H#—Supreme Court Act 1915 (Vict.) (No. 2733), sec. 75.*
Pursuant to sec. 94 of the Trading with the Enemy Act 1914-1916 the Minister for Trade and Customs ordered that the business of the A company in Aus-
H. C. or A. 1923.
Matnovrne,
Aug. 27-29; Oct. 30.
Knox 03. Isaacs and
tralia should be wound up, and appointed a controller to conduct the winding gavan Duffy JJ.
up. Certain claims by the B company and the C company against the A company under certain contracts were made to the controller and, upon appli- cation to the High Court under sec. 9, the basis on which the B company and the C company were entitled to claim payment was declared, but no claim was then made or question raised as to their right to interest upon the respec- tive amounts due to them. Subsequently, upon motion, the High Court was asked whether the B company or the C company was entitled to interest on the moneys due to it in respect of its claim.
Held, on the evidence, that there was no contractual right in either the B or the C company to such interest.
Held, also, that neither the B nor the C company was entitled to such interest under sec. 75 of the Supreme Court Act 1915 (Viet.)..
Morton.
By an order dated 7th December 1917 the Minister of Trade and Customs, purporting to act in pursuance of sec. 9H of the Trading with the Enemy Act 1914-1916, ordered that the business carried on
from the time when such debt or sum was payable (if payable by virtue of
* Sec. 75 of the Supreme Court Act 1915 (Vict.) provides that 'Upon
all debts or sums certain hereafter to be recovered in any action, the Court at the hearing or the jury on the trial of any issue or on an assessment of any damages may if the Court or jury think fit allow interest to the creditor at a rate not exceeding eight per cent .
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