Cohen v Associated Dominions Assurance Society Pty Ltd [1946] HCA 33

Cohen v Associated Dominions Assurance Society Pty Ltd [1946] HCA 33

Effect must be given to the certificate of discharge, which showed under s. 12 of the Act that the informant had not completed a period of war service until 29th August 1945; thus, his application dated 6th August 1945 was made too early and did not satisfy statutory requirements for reinstatement. The information should accordingly be dismissed.

Parties
Appellant; Informant: Cyril Cohen; Respondent; Defendant: Associated Dominions Assurance Society Pty. Ltd.
Jurisdiction
Australia
Procedural Posture
Appeal From Court of Petty Sessions (order to Review) / Final Appeal Judgment
Outcome
Appeal dismissed. Cross-appeal allowed. Order nisi discharged. Order of the Court of Petty Sessions set aside and information dismissed. No order as to costs.
Legal Topics
Reinstatement of Ex Servicemen, Time Limits for Application, Procedural Rules for Cross Appeals
Labour Law Military Law Administrative Law Reinstatement of Ex Servicemen Time Limits for Application Procedural Rules for Cross Appeals

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Parties

Cyril Cohen

Appellant; Informant

Associated Dominions Assurance Society Pty. Ltd.

Respondent; Defendant

Procedural Posture

Appeal From Court of Petty Sessions (order to Review) / Final Appeal Judgment

Legal Issues

  1. 1 Whether the application for reinstatement was made within the statutory time under the Re-establishment and Employment Act 1945
  2. 2 Whether the certificate of discharge determines the date of completion of 'war service'
  3. 3 Whether the cross-appeal procedure was properly followed under High Court Rules

Ratio Decidendi

Effect must be given to the certificate of discharge, which showed under s. 12 of the Act that the informant had not completed a period of war service until 29th August 1945; thus, his application dated 6th August 1945 was made too early and did not satisfy statutory requirements for reinstatement. The information should accordingly be dismissed.

Court Disposition

Appeal dismissed. Cross-appeal allowed. Order nisi discharged. Order of the Court of Petty Sessions set aside and information dismissed. No order as to costs.

Orders

  • The order nisi to review is discharged.
  • The order of the Court of Petty Sessions is set aside.