Peck v Adelaide Steamship Company Limited [1914] HCA 31

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18 C.L.R.] OF AUSTRALIA. 167

{HIGH COURT OF AUSTRALIA.]

PECK . % z : 3 és . APPELLANT; CoMPLAINANT,

AND

THE ADELAIDE STEAMSHIP COMPANY RESPONDENTS. LIMITED - ae

DEFENDANTS,

ON APPEAL FROM TAE SUPREME COURT OF NEW SOUTH WALES.

Practice—Supreme Court of New South Wales—Statutory prohibition— Powers of H.C. oF A.

Supreme Court—Absence of evidence to support decision of justices—Justices 1914. Act 1902 (N.S. W.) (No. 27 of 1902) secs. 112, 115. = SYDNEY,

Industrial Arbitration—Award, binding effect of—Relationship of employer and May 7,8, 11, employee —Evidence—Ship—Charter-party—Articles—Authority of agent to 12, 15. employ—Holding out—Prosecution for breach of award—Commonwealth Con. —§ —— ciliation and Arbitration Act 1904-1911 (No. 13 of 1904—No. 6 of 1911), —

Tsaace, eee. 44. Gavan Duffy

" and Rich JJ. By sec. 112 of the Justices Act 1902 (N.S. W.) it is provided that "(1) Any

person aggrieved by any summary conviction or order of any justice or justicesmay . . . apply . . . imall cases to the Supreme Court .

for a rule or order calling on the justice or justices and the prosecutor or per- son interested in maintaining the conviction or order to show cause why a prohibition should not issue to restrain them from proceeding or further pro- ceeding, as the case may be, upon or in respect of such conviction or order" ;

and

By sec. 115 it is provided that "If upon the return day, or day to which" the hearing has been adjourned, no cause be shown, or if, in the opinion of the Court . . . after inquiry and consideration of the evidence adduced

before the justice or justices, the conviction ur order cannot be supported, the Court . . . may direct that the writ applied for be issued, and may make such further order as may be just and necessary," &c.

H.C. oF A.

1914. ww

PrcK v ADELAIDE Stramsure Co. Lrp.