Lake View and Star Ltd v Cominelli and Bonazzi [1937] UKPCHCA 1

Lake View and Star Ltd v Cominelli and Bonazzi [1937] UKPCHCA 1

Section 152 of the Mining Act 1904-1923 (W.A.) is mandatory and intended to protect tributers by requiring that not less than fifty per cent of any premium received by the owner on the sale of gold must be paid to the tributer, and any agreement purporting to waive or reduce this statutory entitlement is illegal and void; such an agreement, made as a compromise of a dispute, is rendered invalid by the statute and cannot discharge the statutory liability, either for past or prospective deliveries.

Parties
Appellant; Defendant: Lake View and Star Ltd.; Respondent; Plaintiff: Cominelli; Respondent; Plaintiff: Bonazzi
Jurisdiction
Australia
Judgment Date
26 February 1937
Procedural Posture
Appeal / Final Appeal—judgment of Privy Council on Appeal From High Court of Australia
Outcome
appeal dismissed
Legal Topics
Illegality of Contract, Protection of Tributers, Interpretation of Mining Act 1904 1923 (w.a.), Effect of Statutory Obligations in Contracts
Mining Law Contract Law Statutory Interpretation Illegality of Contract Protection of Tributers Interpretation of Mining Act 1904 1923 (w.a.) Effect of Statutory Obligations in Contracts

Case Brief

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Parties

Lake View and Star Ltd.

Appellant; Defendant

Cominelli

Respondent; Plaintiff

Bonazzi

Respondent; Plaintiff

Procedural Posture

Appeal / Final Appeal—judgment of Privy Council on Appeal From High Court of Australia

Legal Issues

  1. 1 Whether an agreement compromising a tributer's claim for 50% share of premiums, as mandated by statute, is valid in light of section 152 of the Mining Act 1904-1923 (W.A.).
  2. 2 Whether past payments pursuant to such an agreement can lawfully discharge liability under the tribute agreements.

Ratio Decidendi

Section 152 of the Mining Act 1904-1923 (W.A.) is mandatory and intended to protect tributers by requiring that not less than fifty per cent of any premium received by the owner on the sale of gold must be paid to the tributer, and any agreement purporting to waive or reduce this statutory entitlement is illegal and void; such an agreement, made as a compromise of a dispute, is rendered invalid by the statute and cannot discharge the statutory liability, either for past or prospective deliveries.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.
  • Appellants to pay the costs of the appeal.