High Court of Australia
17 C.L.R.J OF AUSTRALIA.
of that account, and then the latter part was necessary to make a H. C. or A.
clear negative provision with respect to the Consolidated Revenue. 'That distinction was the evident raison d'étre of sec. 2 of the Act of 1903, No. 8, providing for payments out of the Consoli- dated Revenue, notwithstanding the prohibition in sec. 70, when- ever the Superannuation Account has become exhausted. See also sec. 6 of the later Act.
For these reasons I am of opinion the respondent's case has failed, and the appeal should be allowed.
'The judgment of Gavan Durry and Ricu JJ. was read by
Gavan Durry J. We agree with our brother Isaacs J. in the conclusion to which he has been led by an exhaustive analysis of the legislation in New South Wales with respect to the public service, that the compulsory retirement of an officer under the provisions of sec. 66 (3) of the Public Service Act 1902 is not a dispensation with the services of such officer by the Board within the meaning of sec. 71 of the same Act, because it is the act of the Governor that causes the retirement, and not that of the Board. We desire to add for ourselves that, even if the act could be regarded as the act of the Board, the officer so retired would not have his services dispensed with within the meaning of see.
71 in view of the special provision made for such a case by sec. 67 (3).
Appeal allowed. Order appealed from dis- charged. Both questions in the special case answered in the negative. Judg- ment entered for the defendant with costs, Appellant to pay costs of the appeal.
Solicitor, for the appellant, J. V. Tillett, Crown Solicitor for New South Wales. Solicitors, for the respondent, Stephen, Jaques « Stephen.
BL.
3913.
MILLER
STEPHEN.
Isaacs J
418 HIGH COURT (1913.
[HIGH COURT OF AUSTRALIA.]
MARKHAM > 5 5 - 5 4 . APPELLANT; PLAINTIFE, AND WILLIAMS . 5 5 : i 4 2 . RESPONDENT.
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