Merchant Service Guild of Australasia v Archibald Currie & Co [1908] HCA 89

Merchant Service Guild of Australasia v Archibald Currie & Co [1908] HCA 89

On the facts, there is no evidence that the ships' voyages begin and end in the Commonwealth; thus, the ships are not within sec. V and the Commonwealth Court of Conciliation and Arbitration has no jurisdiction over the dispute.

Parties
Claimant: The Merchant Service Guild of Australasia; Respondent: Archibald Currie & Co.; Respondent: Archibald Currie & Co. Proprietary Limited
Jurisdiction
Australia
Judgment Date
15 April 1908
Procedural Posture
Special Case Stated / Reference for Opinion of High Court Under Sec. 31 of the Commonwealth Conciliation and Arbitration Act 1904
Outcome
Jurisdiction denied; question answered in the negative.
Legal Topics
Commonwealth Jurisdiction, Shipping, Industrial Dispute, Interpretation of Covering Clauses of the Constitution
Constitutional Law Industrial Law Commonwealth Jurisdiction Shipping Industrial Dispute Interpretation of Covering Clauses of the Constitution

Case Brief

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Parties

The Merchant Service Guild of Australasia

Claimant

Archibald Currie & Co.

Respondent

Archibald Currie & Co. Proprietary Limited

Respondent

Procedural Posture

Special Case Stated / Reference for Opinion of High Court Under Sec. 31 of the Commonwealth Conciliation and Arbitration Act 1904

Legal Issues

  1. 1 Does the Commonwealth Court of Conciliation and Arbitration have jurisdiction to settle a dispute concerning Australian ships engaged in overseas trade, under sec. V of the Commonwealth Constitution Act?

Ratio Decidendi

On the facts, there is no evidence that the ships' voyages begin and end in the Commonwealth; thus, the ships are not within sec. V and the Commonwealth Court of Conciliation and Arbitration has no jurisdiction over the dispute.

Court Disposition

Jurisdiction denied; question answered in the negative.

Orders

  • No order as to costs