For the reasons we have given, the price of £12,761 was not fixed by the Minister according to law: the maximum price that the Minister was entitled to fix was the lesser of the two amounts referred to in cl. 7 (7) of the conditions, calculated as at 1st September 1950. The appellant is entitled to declarations to that effect. No further direction to the Minister is, we think, necessary.

[2]

In the result, therefore, the appellant's claim fails so far as it was quantified as £5,836. The proper sum calculated in the manner we have stated is probably considerably more. But the appellant has nevertheless succeeded in displacing the decision of the Supreme Court and in showing that the amount fixed by the Minister was not determined according to law. The appeal will therefore be allowed and the respondents must pay the costs of the appellant in this Court and in the Supreme Court.

[3]

[Note: The Honourable Mr. Justice Fullagar died at Melbourne prior to the delivery of judgment in this appeal. - Ed.]

Parties

Applicant/Plaintiff:

Gilbert

Respondent/Defendant:

Western Australia

Cases Cited (1)

High Court of Australia Dixon C.J. Fullagar, Kitto and Windeyer JJ. Gilbert v Western Australia [1962] HCA 7