Edie Creek Pty Ltd v Symes (1929) 43 CLR 53; 3 ALJ 274; Rabaul Times 15/11/1929 and 24/1/1930 [18/1929]

• Jurisdiction: Papua New Guinea
• Court: High Court
• Judge: Dixon J:
• Judgment Date: 11 November 1929
• Citation: (1929) 43 CLR 53; 3 ALJ 274; Rabaul Times 15/11/1929 and 24/1/1930 [18/1929]
• Year: 1929

High Court: Knox CJ, Isaacs J, Gavan Duffy J, Starke J, Dixon J

Judgment Delivered: 11 November 1929

1 Appeal—Territory of New Guinea—Mining claim—Appeal from Warden's Court to Central Court of Territory—Order of Central Court "final and conclusive"—No appeal therefrom to High Court—New Guinea Act 1920–1926 (No. 25 of 1920—No. 15 of 1926)—Judiciary Act 1921–1927 (NG) (No. 3 of 1921—No. 8 of 1927), s24—Mining Act (No. 2) 1926 (NG) (No. 25 of 1926), s18—Mining Act 1922–1926 (NG) (No. 19 of 1922—No. 25 of 1926), s103B—The Constitution (63 & 64 Vict. c. 12), s73.

2

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SUMMARY: S103B of the Mining Act 1922–1926 (NG), as inserted by s18 of the Mining Act (No. 2) 1926, provided that on the hearing of an appeal from the Warden's Court to the Central Court "the Central Court may make an order reversing or varying the decision of the Warden's Court, or dismissing the appeal, and all such orders shall be final and conclusive on the parties."

Held, by the whole Court, that as such orders are "final and conclusive" leave to appeal therefrom to the High Court cannot be granted under s24 of the Judiciary Act 1921–1927 (NG).

* The Judiciary Act 1921–1927 (Territory of New Guinea) by s24 provides:—"(1) The Full Court of the High Court of Australia, consisting of at least two Judges, may grant leave to appeal to the High Court of Australia from any conviction, sentence, judgment, decree or order of the Central Court... (3) The High Court sitting as a Full Court (constituted by at least two Judges) may hear the appeal, and may make such order therein as it thinks just. (4) If the High Court sees fit to permit it, an appeal under this section may be by case stated, with the legal argument (if any) attached thereto in writing, and in that case it shall not be necessary for the parties to appear on the hearing of the appeal either personally or by counsel. (5) The order of the Court on appeal shall have effect in the Territory as if it were a judgment of the Central Court of the Territory and may be enforced by the Central Court accordingly."

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APPEAL from the Central Court of New Guinea.

In October 1927 one W.D. Morris was the owner of a certain gold–mining claim situate at Edie Creek in the Territory of New Guinea. It was agreed between Morris and John Pearson Livingstone, manager for the Edie Creek Pty. Ltd., that the Company should purchase the claim from Morris for the sum of £200, which was duly paid. The arrangement was a verbal one between the parties, and no particulars of the sale nor a transfer were registered. At that time the respondent, Matthew Symes, was a foreman in the employ of the Company, and...