Australian Steamships Pty Ltd v Abbott [1927] HCA 7; (1927) 39 CLR 148 (1 April 1927)

HIGH COURT OF AUSTRALIA

Australian Steamships Proprietary Limited Defendant, Appellant; and Abbott Plaintiff, Respondent.

H C of A

On appeal from a District Court of New South Wales.

1 April 1927

Knox C.J., Isaacs, Higgins, Powers and Starke JJ.

Brissenden K.C. (with him Fuller and Rainbow), for the appellant.

E. M. Mitchell K.C. (with him H. G. Edwards), for the respondent, took a preliminary objection.

Brissenden K.C.

Knox C.J.,

Isaacs, Higgins, Powers and Starke JJ.

Per Curiam. We think that the first point raised by Mr. Mitchell with respect to the appeal is good. It seems to us that sec. 92 covers every claim for wages not exceeding £50. This is, on its face, a claim for wages. The sum is claimed because the Act says it is wages, and it is admitted that the defendant is or resides in New South Wales. It appears to us that under sec. 92 the judgment is final and without appeal.

Appeal struck out with costs.

Solicitors for the appellant, Ebsworth & Ebsworth.

Solicitors for the respondent, Sullivan Brothers.