Final Phase Of Bank Appeal

Northern Advocate, 24 May 1949, Page 5

Final Phase Of Bank Appeal

DIFFERENT PHILOSOPHY

LONDON, Mon. (11.30 a.m.)—When Dr Evatt began his reply to the respondents’ argument today, the Commonwealth Government’s recordbreaking appeal to the Privy Council against the High Court’s invalidation of its bank nationalisation law, entered its final phase. Dr Evatt does not expect to finish his reply until next week. Upon the chairman’s (Lord Porter) suggestion, Dr Evatt first dealt with tire point that the Privy Council had not the power to hear the appeal (vithout a certificate from the High Court because it involves an inter se question.

Dr Evatt then dealt with the argument whether the Bank Act contravenes Section 92 of the Constitution. Dr Evatt contended that there was no bar to appeal in the present case because the High Court had decided all inter se questions in favour of the Commonwealth..

Dealing with respondent’s arguments on Section 92, Dr Evatt said that the division between the parties on that section amounted almost to a different philosophy. His view was that Section 92 was really a free trade section, dispensing with trade barriers at state borders. Respondents said that it gave freedom of competition in interstate trade.

Dr Evatt said that the consequences of the respondent’s arguments would involve drastic curtailment of Federal and State legislative powers and create difficulties which could not be overcome.