Australian Woollen Mills Pty Ltd v The Commonwealth [1954] HCA 20

Australian Woollen Mills Pty Ltd v The Commonwealth [1954] HCA 20

No contract bound the Commonwealth to pay the claimed subsidy because the relevant announcements and correspondence were governmental policy statements, not offers made in consideration of wool purchases; they contained no request or inducement to purchase wool and showed that subsidy payments remained discretionary. The plaintiff could not recover the £67,282 because it paid that sum voluntarily and with full knowledge of all material facts.

Jurisdiction
Australia
Procedural Posture
Action Claiming Unpaid Wool Subsidy and Money Had and Received / Case Came on for Hearing Before Kitto J. and Was Directed to Be Argued Before the Full Court
Outcome
Judgment for the defendant with costs.
Legal Topics
['unilateral Contract' 'consideration' 'intention to Create Legal Relations' 'government Subsidy' 'crown Contracts' 'money Had and Received' 'voluntary Payment']
['contract Law' 'restitution' 'constitutional Law'] ['unilateral Contract' 'consideration' 'intention to Create Legal Relations' 'government Subsidy' 'crown Contracts' 'money Had and Received' 'voluntary Payment']

Case Brief

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Procedural Posture

Action Claiming Unpaid Wool Subsidy and Money Had and Received / Case Came on for Hearing Before Kitto J. and Was Directed to Be Argued Before the Full Court

Legal Issues

  1. 1 ['Whether the Commonwealth bound itself by contract to pay the plaintiff sums claimed by way of subsidy in respect of wool purchased in April, May and June 1948.' 'Whether an action for money had and received would lie in respect of the sum of £67,282 paid by the plaintiff to the Commonwealth on 9 May 1949.']

Ratio Decidendi

No contract bound the Commonwealth to pay the claimed subsidy because the relevant announcements and correspondence were governmental policy statements, not offers made in consideration of wool purchases; they contained no request or inducement to purchase wool and showed that subsidy payments remained discretionary. The plaintiff could not recover the £67,282 because it paid that sum voluntarily and with full knowledge of all material facts.

Court Disposition

Judgment for the defendant with costs.

Orders

  • ['Judgment for the defendant with costs.']