Newcastle Coal Company Ltd v Firemen's Union [1908] HCA 48; (1908) 6 CLR 466 (10 August 1908)

HIGH COURT OF AUSTRALIA

Newcastle Coal Company Ltd. and Others Appellants; and The Firemen's Union (Industrial Union of Employés) and Others Respondents.

H C of A

On appeal from the Supreme Court of New South Wales.

10 August 1908

Griffith C.J., Barton, Isaacs and Higgins JJ.

J. L. Campbell, for the appellants.

Griffith C.J.

We are all of opinion that the proceeding sought to be restrained, which is merely a recommendation by the Industrial Court to the Governor, cannot be regarded as a judicial proceeding. If the recommendation is unauthorized by law, and the Governor purports to create a Board which he is not authorized by the Statute to create, there are other remedies open to the appellants.

We agree with the Supreme Court that this is not a case for prohibition, and special leave to appeal must be refused.

Special leave refused.

Solicitors, for the appellants, Sparke & Millard by Sparke & Angus.