Greville v Williams [1906] HCA 97

Greville v Williams [1906] HCA 97

The office of 'Accountant in Bankruptcy' held by the appellant was abolished in fact, entitling him as a contributor to the superannuation fund to a pension under s. 46 of the Civil Service Act 1884. This statutory right was not removed by subsequent legislation, and the acceptance of a gratuity and pension at a reduced rate does not estop the appellant from asserting his entitlement to the original rate. Judgment for the appellant for the balance due after accounting for amounts previously received.

Parties
Appellant: Henry James Greville; Respondent: Williams
Jurisdiction
Australia
Judgment Date
20 December 1906
Procedural Posture
Appeal / High Court Appeal From Supreme Court of New South Wales
Outcome
appeal allowed
Legal Topics
Abolition of Office, Public Service Pensions, Vested Rights, Statutory Construction, Estoppel by Acquiescence
Administrative Law Employment Law Civil Service Law Abolition of Office Public Service Pensions Vested Rights Statutory Construction Estoppel by Acquiescence

Case Brief

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Parties

Henry James Greville

Appellant

Williams

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the appellant’s services were dispensed with in consequence of the abolition of his office within the meaning of sec. 46 of the Civil Service Act 1884
  2. 2 Whether acceptance of gratuity/pension under later Acts estops appellant from claiming under the earlier Act
  3. 3 Whether later statutes repealed or modified the pension rights under the 1884 Act

Ratio Decidendi

The office of 'Accountant in Bankruptcy' held by the appellant was abolished in fact, entitling him as a contributor to the superannuation fund to a pension under s. 46 of the Civil Service Act 1884. This statutory right was not removed by subsequent legislation, and the acceptance of a gratuity and pension at a reduced rate does not estop the appellant from asserting his entitlement to the original rate. Judgment for the appellant for the balance due after accounting for amounts previously received.

Court Disposition

appeal allowed

Orders

  • Order appealed from discharged with costs
  • Judgment entered for the plaintiff for £829 14s. 6d., subject to agreement signed by counsel and filed in Court