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74 C.L.R.] OF AUSTRALIA.
[HIGH COURT OF AUSTRALIA.]
THE COMMONWEALTH . . .. ._—..._-— APPELLANT ; DEFENDANT, AND WELSH . : j ; > : . . RESPONDENT.
PLAINTIFF,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
Defence—Air Force—Officer—Deferred pay—Alteration of rate after enlistment and before discharge—Right to deferred pay—Contractual—Statutory—Regulation— Retrospective operation—" Rights existing "—Validity—Acts Interpretation Act 1901-1941 (No. 2 of 1901—No. 7 of 1941), 8. 48 (2)—Defence Act 1903-1941 (No. 20 of 1903—No. 4 of 1941), s. 12—Air Force Act 1923-1941 (No. 33 of 1923 —WNo. 12 of 1941)—Air Force Regulations (S.R. 1927 No. 161—1945 No. 105), regs. 31, 32, 72, 541, 548, 551, 646 (4)—Air Force (War Financial) Regulations (S.R. 1943 No. 93—1944 No. 134), regs. 2 (1), 5, 8 (1), (4), (7).
On 23rd September 1939 the Air Board advertised in daily newspapers inviting applications for commission in the Citizen Air Force. 'The respondent applied to the Board and was forwarded an application for commission which set out details of pay and allowances which were at the rates then prescribed by the Air Force Regulations. Pursuant to his application the respondent was commissioned on 16th October 1939. He was discharged on 10th September 1945.
Regulation 31 of the Air Force Regulations provides that " Any person who has been a member" of the Air Force "may, after having ceased to be a
member, recover from the Commonwealth by suit . . . any moneys which under his engagement or by any agreement with the Commonwealth are due to him."
VoL. LXXIVv. 16
H.C. oF A.
1947. ag SypyEy, April 2; May 8. Latham C.J., Rich, Starke, Dixon,
'McTiernan and Williams JJ,
H. C. or A.
1947, SZ
THE Common- WEALTH
'Wess.
HIGH COURT [1947.
Regulation 32 provides that "The appointment or promotion of an officer under these regulations shall not create a civil contract between the King or the Commonwealth and the officer."
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