Cam & Sons Pty Ltd v Ramsay [1960] HCA 82

Cam & Sons Pty Ltd v Ramsay [1960] HCA 82

The sums paid as commission by the appellant to the Crown in respect of fish sold outside the market, albeit unauthorized by the legislation, were made voluntarily and not under compulsion, and are thus not recoverable as money had and received. There was no enforceable contract or total failure of consideration. The appeal is dismissed.

Jurisdiction
Australia
Procedural Posture
Appeal / Appeal From Supreme Court of New South Wales; High Court of Australia Judgment
Outcome
Appeal dismissed
Legal Topics
['money Had and Received' 'ultra Vires Acts' 'compulsory Payments' 'statutory Interpretation' 'voluntary Payment Rule' 'public Law Remedies']
['administrative Law' 'constitutional Law' 'restitution' 'government, Crown Liability'] ['money Had and Received' 'ultra Vires Acts' 'compulsory Payments' 'statutory Interpretation' 'voluntary Payment Rule' 'public Law Remedies']

Case Brief

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Procedural Posture

Appeal / Appeal From Supreme Court of New South Wales; High Court of Australia Judgment

Legal Issues

  1. 1 ['Whether sums paid as commission to the Crown by the appellant in respect of sales of fish outside the market are recoverable as money had and received' 'Whether the payments made by the appellant were involuntary/compulsory or voluntary' 'Whether the statutory scheme authorized such commission payments for fish not sold in the market' 'Whether total failure of consideration occurred so as to recover moneys paid under an alleged contract']

Ratio Decidendi

The sums paid as commission by the appellant to the Crown in respect of fish sold outside the market, albeit unauthorized by the legislation, were made voluntarily and not under compulsion, and are thus not recoverable as money had and received. There was no enforceable contract or total failure of consideration. The appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal dismissed with costs']