BANKING ACT APPEAL

Ashburton Guardian, Volume 69, Issue 13, 26 October 1948, Page 3

BANKING ACT APPEAL

JUDICIAL COMMITTEE HEARING (Rec. 10.55 a.m.) LONDON, Oct. 25. The Australian Commonwealth Government’s application for special leave to appeal against the Australian High Court's decision in the banking case came before the judicial committee of the Privy Council to-day The Attorney-General, Dr. H. V. Evatt, read the Government’s petition, which was founded -on the contention that the decision of the majority of the High Court judges, so far as it was based on Section 92 of the Australian Constitution, is wrong in law; is contrary to High Xfourt and Privy Council judgments' on the operation of the section, and denies legislative power to all Australian Parliaments to an extent which could not reasonably be regarded as flowing from the constitution.

The petition asked the judicial committee, if it grants a hearing, to set it down for an early date. It says the petitioner’s • desire to obtain special leave to appeal from the order of the High Court insofar as it gives effect to the decision of the majority of the judges that certain provisions in the Banking Act offend against Section 92,. which provides that trade, commerce and intercourse between the Australian States shall be absolutely free. Five Lords heard the petition. The small courtroom in the judicial committee’s chambers was filled to capacity before the hearing began. Eighteen barristers were crowded together in benches across three sides of the courtroom.