High Court of Australia
. , Appl Not Foll Poll, ApplGI Coles Refto y A Gets Mergeld yea piesa fede baat Late COT Sergeld, ianteCaSon) itr fs) v Heal f wha Hearne GUA scp, Tence(ab02) fort ex Indusina v Belling ioosftoy ALRG?2 8 Holings Fibral 12 elbid" Shea ALD O71 Geas}$> PH ETE oe TRE ITWAR 309°
47 C.L.R.] OF AUSTRALIA. 12]
[HIGH COURT OF AUSTRALIA.]
MAGRATH AND ANOTHER. f 3 APPELLANTS ; RESPONDENTS,
AND
GOLDSBROUGH, MORT AND COMPANY LIMITED "s : ' ' seh) RESPONDENT. APPLICANT,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Industrial Arbitration (N.S.W.)—Prohibition—Industrial Commission—Constitution H, ©. or A. —Three members necessary to jurisdiction—Reference to Deputy Commissioner— 1932, Resignation of member of Industrial Commission—Less than three continuing = members of Commission—Suspension of powers of Deputy Commissioner— M®LBOURNE, Industrial Arbitration (Amendment) Act 1926-1930 (N.S.W.) (No. 14 of 1926 March 1. —No. 22 of 1930), secs, 3%, 6*—Industrial Arbitration Act 1912-1930 (N.S.W.) sypwny, (No, 17 of 1912—No. 22 of 1930), sec, 58*. "April 26.
Held, by Rich, Dizon and MeTiernan FI. (Starke and Bratt JJ. dissenting), ign giaeke, that when the number of members of the Industrial Commission of New South Dixon, Evatt 'Wales fell: below. the number of three presoribéd by eed. 6 of the Industrial"? Mee Arbitration (Amendment) Act 1926-1930 (N.S.W.) the powers of the Deputy Commissioner were suspended even in matters which had been referred to him while there were three members of the Commission.
* The Industrial Arbitration (Amend- appointed President. The Commission ment) Act 1926-1930 (N.S.W.) provides: shall be a superior Court of Record, —By sec, 3 (1): "From and after the and its seal shall be judicially noted. commencement of this Act the juris- . . . (4) The Governor may appoint diction and powers of the Court of a person to be a Deputy Commissioner Industrial Arbitration shall be vested for such time as the Governor may fix, in and exercised by the Industrial and such Deputy Commissioner shall Commission established by this Act." have and exercise the jurisdiction and By sec, 6: (1) There shall be an~ powers of the Commission in all matters Industrial Commission of New South referred to him by the Commission, Wales constituted by the appointment provided that at the request of any by the Governor of three members, party he shall, or, of his own motion, one of whom shall be by his commission he may remit any question arising in
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