Butterworth v Commonwealth Bank of Australia [1916] HCA 68

206 HIGH COURT

{HIGH COURT OF AUSTRALIA.]

BUTTERWORTH . '

AND

Derenpants.

THE COMMONWEALTH BANK OF AUS- TRALIA AND ANOTHER

H.C. or A. Bank—Commonwealth Bank—Liability for non-compliance with State laws as to

1916. banking— Company, firm or individual" —Bank: of issue—Governor of bank eo —Commonwealth Bank Act 1911-1914 (No. 18 of 1911—No. 24 of 1914), see. 8 Mexeourne, —Banks and Currency Act 1915 (Vict.) (No. 2618), secs. 3, 5, 7—The Con- Oct. 24, 26. stitution (63 & 64 Vict. c. 12), sec. 51 (x1t1.). y Griffith 0.3., Sec. 3 of the Banks and Ourrency Act 1915 (Vict.) provides that "The

Barton, Tsiacs, Gavan Duffy yrovi and Rich JJ. 2

ions of this Act shall extend and apply—(1) To every company firm or individual engaged in the ordinary business of banking by receiving deposits and issuing bills or notes payable to the bearer at sight or on demand. (2) 'To every foreign banking company trading in Victoria. (3) To every company firm or individual banker trading in Victoria engaged in the ordinary business of banking by receiving deposits and issuing in Victoria or elsewhere bills or notes payable to the bearer at sight or on demand." By sec. 5 it is provided that "every banking company firm or individual banker in Victoria " shall prepare certain quarterly statements and shall within a month after the close of each quarter deliver them to the Chief Secretary of Victoria to be laid before Parliament. Sec. 7 provides for penalties for neglect to prepare or deliver to the Chief Secretary such quarterly statements and that those penalties may be recovered in the Supreme Court or any other Court of competent jurisdiction by any person who sues for the same.

Held, that an action will not lie against the Commonwealth Bank or its Governor to recover penalties for failure to comply with the provisions of sec. 5 of the Banks and Currency Act 1915: