Commonwealth v Quince [1944] HCA 1

Commonwealth v Quince [1944] HCA 1

The action per quod servitium amisit does not lie at the suit of the Crown in respect of the loss of the services of a member of the Royal Australian Air Force, because the relationship between the Crown and such member is neither contractual nor analogous in substance to master and servant so as to ground liability on this basis.

Parties
Appellant: The Commonwealth; Respondent: William Charles Quince; Respondent: Mrs. Quince
Jurisdiction
Australia
Procedural Posture
Appeal / On Appeal From the Supreme Court of Queensland
Outcome
Appeal dismissed
Legal Topics
Per Quod Servitium Amisit, Crown Liability, Master and Servant, Defence Force Personnel, Measure of Damages
Tort Law Employment Law Administrative Law Per Quod Servitium Amisit Crown Liability Master and Servant Defence Force Personnel Measure of Damages

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Parties

The Commonwealth

Appellant

William Charles Quince

Respondent

Mrs. Quince

Respondent

Procedural Posture

Appeal / On Appeal From the Supreme Court of Queensland

Legal Issues

  1. 1 Does the action per quod servitium amisit lie at the suit of the Crown in respect of loss of services of a member of the Royal Australian Air Force?
  2. 2 Is the relationship between the Crown and a member of the defence forces analogous to master and servant such as to found such an action?
  3. 3 What is the measure of damages recoverable, if any, for such loss?

Ratio Decidendi

The action per quod servitium amisit does not lie at the suit of the Crown in respect of the loss of the services of a member of the Royal Australian Air Force, because the relationship between the Crown and such member is neither contractual nor analogous in substance to master and servant so as to ground liability on this basis.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs