Commonwealth v Colonial Ammunition Company Limited [1924] HCA 5

198 HIGH COURT

H.C. oF A. residuary estate of the testator do not include EN the instalments on conditionally purchased tee lands which were unpaid at the date of his ee death, and by omitting the orders conse- JOHN. quential on the declaration of inclusion of such

instalments in the order. Costs of all parties to be paid out of the estate, those of the trustees as between solicitor and client.

Solicitors for the appellants, Windeyer, Fawl & Osborne. Solicitors for the respondents, Vindin & Littlejohn ; Minter,

Simpson & Co.

B. L. Cons [HIGH COURT OF AUSTRALIA.] THE COMMONWEALTH OF AUSTRALIA . . APPELLANT; DEFENDANT, 4

AND

THE COLONIAL AMMUNITION COMPANY i LIMITED . i } REspoNnDENT.

PLAINTIFF, i:

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

'A, Contract—Interpretation—Agreement by Commonwealth—Taking over of ammunition

H. ©. oF 1993-1924. factory—Indemnity in respect of agreement with employees—Executive act of ee Commonwealth—Necessity for Order in Council—Validation of agreement by Munuourne, Parliament—Hffect of Appropriation Act—Defence Act 1903-1918 (No. 20 of Oct. 19, 22, 1903—No. 47 of 1918), secs. 4, 63—The Constitution (63 & 64 Vict. c. 12), 23, 1923; . 5s 4, 62, % "4 23, 1923; secs, 58, Bf, 62, 63 1924. 'The respondent company, which carried on an ammunition factory, had been eit in negotiation with the Department of Defence of the Commonwealth in respect no

Tsanc of the taking over by the Commonwealth of the business and the leasing by

inoue it of the land and premises used in connection therewith, and certain heads

Sad agreement had been drawn up. A letter was written by the Secretary of

aa

34 C.L.RJ OF AUSTRALIA 199 Defence to the respondent in the following terms :—* The principal heads of H.C. or A. agreement, as understood by this Department to have been agreed to by 1923-1924 representatives of both parties, are set out hereunder:— . . . Clause $: The ae" company to use its best endeavours to secure, and the Commonwealth to THe