Amalgamated Society of Engineers v Adelaide Steamship Co Ltd [1921] HCA 30; (1921) 29 CLR 406 (1 August 1921)

HIGH COURT OF AUSTRALIA

The Amalgamated Society of Engineers Claimant; and The Adelaide Steamship Company Limited and Others Respondents.

H C of A

1 August 1921

Knox C.J., Higgins, Gavan Duffy, Powers, Rich and Starke JJ.

Sir Edward Mitchell K.C. (with him Owen Dixon) applied for leave to intervene on behalf of the State of New South Wales in respect of the first motion, and on behalf of the States of Victoria, Tasmania, South Australia and Western Australia in respect of both motions.

Sir Edward Mitchell K.C. and Owen Dixon, for the Minister for Trading Concerns, Western Australia, and the States of New South Wales, Victoria, Tasmania, South Australia and Western Australia, in support of the motions.

Robert Menzies, for the Amalgamated Society of Engineers.

Leverrier K.C. (with him H. E. Manning), for the Commonwealth.

Sir Edward Mitchell K.C., in reply,

Aug. 1

Knox C.J.

In this case the majority of the Court are of opinion that the application for a certificate under sec. 74 of the Constitution should be refused. My brothers Gavan Duffy and Powers dissent from this decision.

Motions dismissed.

Solicitor for the applicants, F. L. Stow, Crown Solicitor for Western Australia.

Solicitor for the organization, H. H. Hoare.

Solicitors for the interveners, J. V. Tillett, Crown Solicitor for New South Wales; E. J. D. Guinness, Crown Solicitor for Victoria; A. Banks-Smith, Crown Solicitor for Tasmania; F. W. Richards, Crown Solicitor for South Australia; Gordon H. Castle, Crown Solicitor for the Commonwealth.