High Court of Australia
H. ©. or A. 1917. set Taytor . ArrorNey- GENERAL or QuEENS- LAND, Refd to Pap v Broken Propicury Co (eerie
Barton, Isaacs and Rich JJ.
HIGH COURT
Solicitors for the plaintifis, F. J. Fitzgerald & Walsh and
& Peterson. Solicitor for the defendants, W. F. Webb, Crown Solicito
Queensland. 4 ;
[HIGH COURT OF AUSTRALIA.]
THE COMMONWEALTH s : pares DEFENDANT, AND WOODHILL 5 4 : : - « Resrowt PLAINTIFF,
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
transitory actions—Lands Acquisition Act 1906-1916 (No. 18 of 1906 of 1916), secs. 37, 38, 39—Seat of Government (Administration) Act 1910:
sec. 8—Jervis Bay Territory Acceptance Act 1915 (No. 19 of 1915), sees.
Judiciary Act 1903-1915 (No. 6 of 1903—No. 4 of 1915), secs. 39, 56. ?
An action to recover compensation for the compulsory aequisiti ion by the Commonwealth under statutory authority is in its nature local transitory.
'The words "any State Court of competent jurisdiction" in, see Lands Acquisition Act 1906 mean any State Court having jurisdic petent as to locality as well as subject matter.
On Ist May 1915 the Commonwealth, pursuant to the Lands Acq 1906, compulsorily acquired certain land of the respondent at then in the State of New South Wales. On 25th ae 1915 the
OF AUSTRALIA.
the Jervis Bay Territory Acceptance Act 1915 came into operation, and the in question thereafter was within territory acquired by the Common- re for the Seat of Government. On 5th May 1916 the respondent refused n offer which had been made to him in respect of his claim for compensation, don 7th March 1917 by writ of summons instituted an action in the Supreme of New South Wales against the Commonwealth to recover compensa-
ithin the meaning of sec. 37 of the Lands Acquisitic that it had no jurisdiction to entertain the action.
yn Act 1906 ; and,
'Decision of the Supreme Court of New South Wales: Woodhill v. Com- 'monwealth of Australia, 17 S.R. (N.S.W.), 224, reversed.
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