TEST CASE.

Hawera Star, Volume XLVIII, 17 April 1925, Page 7

TEST CASE.

AUSTRALIAN NAVIGATION ACT

VALIDITY OF PROVISIONS

BY CABLE—PRESS ASSOC I A I’IOJC--COP Y RIGHT. Received April 17, 10.1-5 a.m. SYDNEY, April 17. The High Court has reserved judgment iu the case Union Steam Ship Company v. the Commonwealth Government. This case raises the question of whether certain provisions in the Australian Navigation Act are invalid. It arose ou,t of a case heard in March of last year. A condition of this case is that if the High Court decides that the company is not required by law to comply with conditions, including the payment cf fees, imposed by the Navigation Act, judgment will be entered For the company. Tor an appropriate sum and co,sts, but if the questions are answered in favour of the Government, the company will have to pay the costs of the Arbitration Court during the hearing cf the consent agreement entered into by the Ship Painters’ and Dockers’ Union and the Commonwealth Steamship Owners’ Association and others. . In the case heard by the High Court in March of hist year the Union Steam Ship Company claimed from the Commonwealth Government the sums of £25 10s and £26 12s. fees paid to, the Government under orotest. The action arose out of the discharge and engagement of a number of seamen for the steamer Niagara, in 1922, when the vessel' arrived in Sydney. The engagements, -of certain seamen aboard had terminated, and the master of the Niagara and the seamen, lor the purpose of effecting their discharges according to law, attended before the port superintendent to allow the discharges to be effected in his presence. This he refused to do until the fees required by the Navigation Act; amounting 'to two shillings for each discharge, were paid. The master of the Niagara, paid the fees under protest, and the discharges were effected. The port superintendent then refused to allow the seamen to be engaged until a further fee of two shillings each was paid. This the master also paid under protest. The questions submitted to the court were whether, in the circumstances, the provisions of the Navigation Act governed discharges, and whether the 'Act governed engagements.