Repatriation Commission v Kirkland [1923] HCA 18

Repatriation Commission v Kirkland [1923] HCA 18

The Repatriation Commission is a statutory corporation so closely identified with the Commonwealth Government that, in respect of property vested in it pursuant to the Act, it is entitled to the same privileges and immunities as the Crown. Therefore, goods vested in the Commission are not liable to distress for rent, and as the distress was not lawful in respect of Crown goods, an action for pound-breach cannot be sustained.

Parties
Appellant; Defendant: The Repatriation Commission; Respondent; Plaintiff: Bessie Pauline Kirkland
Jurisdiction
Australia
Judgment Date
22 May 1923
Procedural Posture
Appeal / High Court Appeal From District Court of New South Wales
Outcome
Appeal allowed
Legal Topics
Distress for Rent, Crown Immunity, Statutory Corporation, Pound Breach, Hire Purchase
Public Law Property Law Government Liability Distress for Rent Crown Immunity Statutory Corporation Pound Breach Hire Purchase

Case Brief

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Parties

The Repatriation Commission

Appellant; Defendant

Bessie Pauline Kirkland

Respondent; Plaintiff

Procedural Posture

Appeal / High Court Appeal From District Court of New South Wales

Legal Issues

  1. 1 Whether goods vested in the Repatriation Commission are exempt from distress for rent
  2. 2 Whether the Commission is entitled to privileges and immunities of the Crown
  3. 3 Whether an action for pound-breach can be sustained in respect of goods privileged from distress

Ratio Decidendi

The Repatriation Commission is a statutory corporation so closely identified with the Commonwealth Government that, in respect of property vested in it pursuant to the Act, it is entitled to the same privileges and immunities as the Crown. Therefore, goods vested in the Commission are not liable to distress for rent, and as the distress was not lawful in respect of Crown goods, an action for pound-breach cannot be sustained.

Court Disposition

Appeal allowed

Orders

  • Judgment appealed from reversed and plaintiff's claim dismissed with costs
  • Respondent to pay costs of appeal