Peck v Adelaide Steamship Company Limited [1914] HCA 31

Peck v Adelaide Steamship Company Limited [1914] HCA 31

On the evidence and the terms of the charter-party, the relationship of employer and employee did not exist between the Adelaide Steamship Co. Ltd. and the engineers. There was no evidence of agency or holding out sufficient to make the company the employer; therefore, the company's conviction for breach of award was not supported and the Supreme Court's prohibition was properly made absolute.

Parties
Appellant, Complainant: Walter Peck (Secretary of the Sydney District of the Australasian Institute of Marine Engineers); Respondent, Defendant: The Adelaide Steamship Company Limited
Jurisdiction
Australia
Judgment Date
15 May 1914
Procedural Posture
Appeal / Appeal From the Supreme Court of New South Wales (decision on Statutory Prohibition After Conviction in Water Police Court)
Outcome
Appeal dismissed with costs
Legal Topics
Employer Employee Relationship, Authority of Agents, Charter Party Interpretation, Binding Effect and Enforcement of Industrial Awards, Powers of Supreme Court Regarding Statutory Prohibition
Industrial Law Employment Law Arbitration Law Maritime Law Administrative Law Employer Employee Relationship Authority of Agents Charter Party Interpretation +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 26 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Walter Peck (Secretary of the Sydney District of the Australasian Institute of Marine Engineers)

Appellant, Complainant

The Adelaide Steamship Company Limited

Respondent, Defendant

Procedural Posture

Appeal / Appeal From the Supreme Court of New South Wales (decision on Statutory Prohibition After Conviction in Water Police Court)

Legal Issues

  1. 1 Whether the Adelaide Steamship Company Limited was the employer of certain marine engineers for the purpose of liability under an arbitration award
  2. 2 Whether the Supreme Court of New South Wales may grant a statutory prohibition on a summary conviction where there is no evidence or insufficient evidence to support the finding of the magistrate

Ratio Decidendi

On the evidence and the terms of the charter-party, the relationship of employer and employee did not exist between the Adelaide Steamship Co. Ltd. and the engineers. There was no evidence of agency or holding out sufficient to make the company the employer; therefore, the company's conviction for breach of award was not supported and the Supreme Court's prohibition was properly made absolute.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.
  • Decision of the Supreme Court of New South Wales affirmed.