R v Brown [1912] HCA 6

R v Brown [1912] HCA 6

On completion of the contracts, the Crown was obligated to pay the contractor the sum represented by the deposit receipt, and that right could be assigned. The assignee, having given notice, could recover that sum from the Crown. The Supreme Court judgment was varied to enter judgment for the proper assignees.

Parties
Appellant: His Majesty The King; Respondents: John Brown and Others
Jurisdiction
Australia
Judgment Date
11 March 1912
Procedural Posture
Appeal / On Appeal From the Supreme Court of Victoria
Outcome
appeal dismissed; judgment varied and affirmed as varied; costs awarded to respondents
Legal Topics
Assignment of Rights, Money Had and Received, Petition of Right, Crown Remedies and Liability
Contract Law Government Liability Assignment of Rights Money Had and Received Petition of Right Crown Remedies and Liability

Case Brief

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Parties

His Majesty The King

Appellant

John Brown and Others

Respondents

Procedural Posture

Appeal / On Appeal From the Supreme Court of Victoria

Legal Issues

  1. 1 Whether a chose in action consisting of a right against the Crown can be assigned so as to entitle the assignee to present a petition of right under the Crown Remedies and Liability Act 1890
  2. 2 Whether completion of the contract created a debt owing by the Crown to the contractor, enforceable by the assignee
  3. 3 Whether notice of assignment was sufficient to bind the Crown

Ratio Decidendi

On completion of the contracts, the Crown was obligated to pay the contractor the sum represented by the deposit receipt, and that right could be assigned. The assignee, having given notice, could recover that sum from the Crown. The Supreme Court judgment was varied to enter judgment for the proper assignees.

Court Disposition

appeal dismissed; judgment varied and affirmed as varied; costs awarded to respondents

Orders

  • Judgment entered for John Brown and William Brown, as assignees
  • Appeal dismissed