For the reasons which have just been stated, I agree with the other members of the Court in thinking that the moneys advanced by the Crown are repayable only in the circumstances expressed in the agreement. This disposes of the case, for the Crown has failed in its attempt to show that the defendant Company has committed a breach of the agreement and has prevented it from having the benefit of everything to which it was entitled thereunder.

[2]

Solicitor for the appellant, J. S. Hutcheon, Crown Solicitor for Queensland.

[3]

Solicitors for the respondents, Morris & Fletcher for Hamilton & Nielson, Bundaberg.

[4]

[3] [1915] UKHL 3; (1915) S.C. (H.L.), 20, at p. 27.

[5]

[4] [1909] HCA 26; 8 C.L.R., 316, at p. 323.

[6]

[8] [1864] EngR 726; 17 C.B. (N.S.), 733, at p. 741.

Parties

Applicant/Plaintiff:

# R

Respondent/Defendant:

New Queensland Copper Co Ltd \[1917\] HCA 34;

Cases Cited (2)

R v New Queensland Copper Co Ltd [1917] HCA 34; (1917) 23 CLR 495 (31 July 1917)

(1917) 23 CLR 495