Amalgamated Society of Engineers Claimant; and Adelaide Steamship Company Limited [1921] HCA 30

Amalgamated Society of Engineers Claimant; and Adelaide Steamship Company Limited [1921] HCA 30

The majority of the High Court held that there was no special reason to grant a certificate under section 74 of the Constitution for the Privy Council to determine the questions arising out of the decision in Amalgamated Society of Engineers v Adelaide Steamship Co Ltd, as the High Court had given clear and definitive answers by a large majority and no circumstances existed to warrant referral.

Parties
Claimant: The Amalgamated Society of Engineers; Respondent: The Adelaide Steamship Company Limited; Respondent: Minister for Trading Concerns, Western Australia; Respondent: His Majesty the King in right of the State of New South Wales; Respondent: The State of New South Wales; Intervener: State of Victoria; Intervener: State of Tasmania; Intervener: State of South Australia; Intervener: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
01 August 1921
Procedural Posture
Application for Certificate Under Sec. 74 of the Constitution / Decision on Motions for Certificates to Appeal to the Privy Council
Outcome
Motions dismissed
Legal Topics
Section 74 of the Constitution, Limits of Commonwealth and State Powers, Appeal to Privy Council
Constitutional Law Section 74 of the Constitution Limits of Commonwealth and State Powers Appeal to Privy Council

Case Brief

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Parties

The Amalgamated Society of Engineers

Claimant

The Adelaide Steamship Company Limited

Respondent

Minister for Trading Concerns, Western Australia

Respondent

His Majesty the King in right of the State of New South Wales

Respondent

The State of New South Wales

Respondent

State of Victoria

Intervener

State of Tasmania

Intervener

State of South Australia

Intervener

Commonwealth of Australia

Intervener

Procedural Posture

Application for Certificate Under Sec. 74 of the Constitution / Decision on Motions for Certificates to Appeal to the Privy Council

Legal Issues

  1. 1 Whether a certificate under section 74 of the Constitution should be granted to permit an appeal to the Privy Council as to the limits of constitutional powers between the Commonwealth and the States

Ratio Decidendi

The majority of the High Court held that there was no special reason to grant a certificate under section 74 of the Constitution for the Privy Council to determine the questions arising out of the decision in Amalgamated Society of Engineers v Adelaide Steamship Co Ltd, as the High Court had given clear and definitive answers by a large majority and no circumstances existed to warrant referral.

Court Disposition

Motions dismissed

Orders

  • Application for certificate under section 74 of the Constitution dismissed