Delaney v Great Western Milling Company Limited [1916] HCA 46

150 HIGH COURT

[HIGH COURT OF AUSTRALIA.]

DELANEY . ... 9.) 4) (toon DEFENDANT,

AND

THE GREAT WESTERN MILLING — Reseoenee PANY LIMITED 5 PLaIntIFFs,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H.C. or A. Contract—Avoidance by State law—Bx post facto Statute—Recovery of money paid

1916. under contract—Party to contract resident out of State—Jurisdiction of St 3 Court—Powers of State Parliament—Wheat Acquisition Act 1914 (N.S. SypNey, (Wo. 27 of 1914), sec. 8—Service and Execution of Process Act 1901-1912 (. Aug. 14, 15, 11 of 1901—No. 18 of 1912), sec. 12—Constitution Act 1902 (N.S.W.) (No. 16, 17, 18; ; xy Septal of 1902), sec. 5.

PERG By sec. 8 of the Wheat Acquisition Act 1914 (N.S.W.) it is provided

Barton, Isaac, " (1) Every contract made in the State of New South Wales prior to t and Rich J. passing of this Act, so far as it relates to the sale of New South Wales 1914-

wheat to be delivered in the said State, is hereby declared to be and to ha

been void and of no effect so far as such contract has not been completed by delivery: (2) Any transaction or contract with respect to any wheat which the subject matter of any contract or part of a contract which is here to be void shall also be void and of no efiect, and any money paid in respe of any contract hereby made void or of any such transaction shall be repaid.

'The defendant, who at all material times was a resident of Vietoria, had May 1914 entered into a contract with certain residents of New South Wales to purchase from them a certain quantity of New South Wales 1914-15 whe to be delivered in Sydney early in 1915. By a contract made in October 1914 the defendant purported to assign and transfer to the plaintiffs all his" interest in the contract of May 1914 in consideration of a certain sum of money,

LR.) OF AUSTRALIA.