Re Hynds [1917] HCA 2

22 C.L.R.] OF AUSTRALIA. 541

been no offence. That was not done, and the offence was com- H. C. or A.

mitted. It is always a grave offence, and a public danger, to have 1s

communication with an enemy country except with the consent Baxsrc

of the Crown. The distinct warning by the Proclamation dis- co T\p awn regarded precludes any suggestion of ignorance of law. — I agree that the appeal should be dismissed. DoNoHoE.

Gavan Duffy J. Gavan Durry J. I agree that both defendants were rightly

convicted on the evidence before the Magistrate. In saying this I do not suggest that Mr. Siwertz necessarily knew that he was doing anything which was either malwm prohibitum or malum in se.

Both appeals dismissed with costs.

Solicitor for the appellants, W. #. Hawkins. Solicitor for the respondent, Gordon H. Castle, Crown Solicitor for the Commonwealth.

Beak

(HIGH COURT OF AUSTRALIA.)

In rE HYNDS.

Mortgage—Foreclosure—Leave to take proceedings—Onus of proof—Discretion— 44. ©, or A. War Precautions (Moratorium) Regulations (Statutory Rules 1916, No. 284— 1917, Statutory Rules 1916, No. 324—Statutory Rules 1917, No. 13), regs. 4 (5), 7- pee

Hozarr,

Feb. 23, 28,

On an application under the War Precautions (Moratorium) Regulations by a mortgagee for leave to take proceedings against the mortgagor for redemp- tion or repayment, if the case falls within the terms of reg. 4 (5) the onus is Barton J. upon the mortgagee to satisfy the Court either that by reason of the wasting nature of the security the continuance of the mortgage would seriously affect the security or that the conduct of the mortgagor has in the respects men- tioned in the regulation been such as to render him undeserving of the benefit or protection of the Regulations, and unless the Court is so satisfied it has no discretion to grant the relief asked.