Commonwealth v District Court of the Metropolitan District [1954] HCA 13

Cons 'Ly v Jenkins, anes FORD

Dised Ly v Jenkins

90 C.L.R.] OF AUSTRALIA. 13

[HIGH COURT OF AUSTRALIA.]

THE COMMONWEALTH OF AUSTRALIA . APPLICANT ; AGAINST

THE DISTRICT COURT OF THE METRO- POLITAN DISTRICT HOLDEN AT$ Responpents. SYDNEY AND ANOTHER

Federal Jurisdiction—State court—District Court—Jurisdiction—Money claim— yy . op A, Amount actionable—Limitation—U pper limit increased by State statute—Claim Teh by Commonwealth—Eacess over original limit—Quaere, actionable—Judiciary —) Act 1903-1950 (No. 6 of 1903—No. 80 of 1950), s. 39 (2)—District Courts Act SYDNEY, 1912-1951 (N.S.W.) (No. 23 of 1912—No. 19 of 1951), s. 41 (1) (a)—The Con- March 25; stitution (63 & 64 Vict. c. 12), ss. 75, 77. April 13.

Section 39 (2) of the Judiciary Act 1903-1950 should be construed as an pon ae

ambulatory provision operating in relation to State jurisdiction as it exists Taylor JJ. from time to time and within the limits imposed from time to time by State law upon such jurisdiction.

Decision of the District Court of the Metropolitan District (N.S.W.) : Commonwealth v. Bernes (1953) 70 W.N. (N.S.W.) 318, reversed.

OrpeEr Nist to show cause.

On 24th March 1953, upon a plaint filed by the Commonwealth of Australia, a default summons was issued out of the District Court of the Metropolitan District holden at Sydney, New South Wales, against the defendant Ettore Bernes, claiming the sum of £569 11s. 6d. for board and lodging supplied by the Commonwealth to the defendant and his wife and children at the Parkes Migrant Centre and at the Cowra Immigration Centre, during the period which commenced on 19th December 1949 and ended on 22nd March 1953.

In his notice of defence the defendant pleaded that he never was indebted as alleged for the reason that there was not any contract

HIGH COURT [1954.

H.C. or A. express or implied under which any obligation to pay the moneys