SYDNEY GOVERNMENT HOUSE.

Colonist, Volume LV, Issue 13754, 20 June 1913, Page 5

SYDNEY GOVERNMENT HOUSE.

LORD DENMAN'S EVICTION,

STATE APPEAL UPHELD.

HIGH COURT'S DECISION

(Received Juno 19, 8.10 p.m.)

Sydney, June 19

Tho High Court dolivered judgment in tho appeal of tho New South Wales Government against the State Court' a

d«<cision in connection with the alleged oviction of tho Governor-General from

Government House. Tho Court unanimously allowed tho appeal, thus confirming Lord Denman's eviction.

Mr Justice Barton, in delivering judgment, said that when New South Wales, in 1855, received her Constitution, and with it full control of wasto lands, it would bo marvellous indeed if she were refused control of the Government House land. Clearly it was part of tho lands taken over by tha solf-governing community, and if it were assumed that tho original naturo of the Governor's ofiico meant Imperial control of tho land, tho transition to constitutional government by parity ofi reason meant colonial control.

The Labour Party are jubilant at tho Court's decision.

The Hon A. C. Oarmichaol proposes, provided there is no appeal to tho Privy Council, to proceed at onco with the scheme for utilising tho house and grounds for tho public bonefit, including tho erection of a Conservatorium of Music.

The action brought by the Sydney Citizens' Committee against tho State Government for an injunction restraining the Government from terminating the Governor-General's occupancy of Government House, end converting tho property to other purposes, was heard by a specially constituted equity tribunal in March last. The Court found that the Government of New South Wales were merely tho custodians of Government House for the Imperial authorities, and were no& entitled to utilise the premises for other than the purposes for which they were originally sot apart. The injunction asked for waß granted, with costs against the Government.

Having regard to the relation of tho Governor to tho Crown, both as tho executive head of tho Empiro and o? New South Wales, tho Court were oJ: opinion that the proprietary right in the lands set apart before the passing of the constitution statute for the purpose of the Governor's residence did not, any more than lauds set apart for naval or military purposes, pass from tho Imperial authorities to tho New South Wales Government. 'Moreover, though the land might have been dispropriated from the purpose of 11 o Governor's residence and applied purely to a local purpose by an executive act without legislation, this could not bo done by tho Governor acting on tho solo advice of his local Ministers, ancl much less by tho Ministers themselves without his concurrence. By whatever means such change in tho proprietary right might bo affocted, t'lero should be some evidence of tho concurrence of .tho Imperial Government. The State Government thereupon ■instituted an appeal to tho Fedora! High, Court, with tho result stated-ia tho above vnessage.