Miller v Commonwealth [1904] HCA 34

Miller v Commonwealth [1904] HCA 34

Section 19 of the Public Service Act 1900 (Victoria) entitles an officer only to the highest salary payable to officers of corresponding position as at 27th December 1900 and does not entitle the plaintiff to ongoing increments under South Australian law; the plaintiff is only entitled to the salary he has already received and no arrears.

Parties
Plaintiff: Edwin Derness Miller; Defendant: The Commonwealth
Jurisdiction
Australia
Judgment Date
08 November 1904
Procedural Posture
Action / Questions of Law Referred to the Full Court
Outcome
Questions answered in favour of defendants. Application dismissed.
Legal Topics
Statutory Interpretation, Public Servant Salary Entitlement, Application of Increments Under Transferred Departments
Administrative Law Public Service Law Statutory Interpretation Public Servant Salary Entitlement Application of Increments Under Transferred Departments

Case Brief

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Parties

Edwin Derness Miller

Plaintiff

The Commonwealth

Defendant

Procedural Posture

Action / Questions of Law Referred to the Full Court

Legal Issues

  1. 1 Interpretation of section 19 of the Public Service Act 1900 (Victoria) regarding public servant salary and increments upon transfer to the Commonwealth
  2. 2 Whether the plaintiff was entitled to salary increments based on South Australian provisions after transfer

Ratio Decidendi

Section 19 of the Public Service Act 1900 (Victoria) entitles an officer only to the highest salary payable to officers of corresponding position as at 27th December 1900 and does not entitle the plaintiff to ongoing increments under South Australian law; the plaintiff is only entitled to the salary he has already received and no arrears.

Court Disposition

Questions answered in favour of defendants. Application dismissed.

Orders

  • Application dismissed with costs.
  • Costs of the application to be set off against the general costs of appeal.