The Commonwealth is
p. 159 · Read in the full issue
Above Law in NG
From Our Rabaul Correspondent A RESIDENT of the Territory of New Guinea cannot bring an action against the Common wealth of Australia either in the Territory or in Australia.
This legal anomaly was brought to light in a recent hearing in the High Court of Australia when the firm of J. L. Chipper and Co. Ltd., of Rabaul, sued the Commonwealth in respect of a power plant loaned to the Commonwealth Department of Works by the Company some years ago.
After a delay of approximately
two years and considerable expense entailed by both parties the case came on for hearing in Sydney.
At the outset, the Commonwealth objected to the action on the grounds that the Court had no juris diction in respect of a suit brought by a resident of the Territory against the Commonwealth. The matter was argued at length but was not decided by the judge.
However, as the witnesses had travelled to Sydney from New Guinea, the Judge reserved the point and heard the evidence.
Later, both parties reached a settlement —Chipper and Co. agreed to accept less than half the amount originally claimed.
The position is a frightening one for Territory residents.