Australian Mileage Charges Illegal ?
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A CTIONS for th e recovery of
£111,715 paid by two Australian haulage companies in mileage charges led to petitions being made to the Judicial Committee of the Privy Council in London, on Monday, the Commissioner for Motor Transport and the State of New South Wales and others.
The petitioners were given special leave to appeal from judgments of the High Court of Australia holding invalid the State Transport Co-ordination (Barring of Claims and Remedies) Act, 1954, of New South Wales, which was passed to prevent the recovery by interState traders of mileage charges paid by them under the State Transport (Co-ordination) Act, 1931, of N.S.W.
As the result of the Privy Council decision in the case of Hughes and Vale Pty., Ltd., v. New South Wales (The Commercial Motor, Noveinber 26, 1954), the mileage charges for the use of New South Wales roads collected from traders engaged in inter-State journeys for more than 20 years had lacked legal authority. In consequence, the New South Wales Parliament passed the Act in , dispute to validate the mileage payments.
Mileage charges collected under the 1931 Act were said to total many millions of pounds, and already there were pending in Australian courts at least 48 actions to recover £491,406.
The petitioners argued that the powers of the . N.S.W. Parliament included authority to provide for the circumstances in which money exacted without legal authority should be retained by the payee or refunded to the payer. The Act in question was valid and similar legislation had been passed by all the Australian States.
Antill Ranger and Co. Pty., Ltd., who were claiming £39,955, were the respondents in the petition by the Commissioner for Motor Transport, and Edmund T. Lennon Pty., Ltd., who, in addition to claiming £71,760, also asked for a declaration that the 1954 Act was invalid,were concerned in the case of the State of N.S.W. and others.
LOW-LOADER REQ1UERED: ENO CHARGE WHEN the Perth Quarry Co. needed VI' a low-loader to move heavy equip-. merit from the Trossachs to Cowdenbeath, they applied to British Road Services. Three days later the vehicle arrived, from Newcastle, and the charge was about £100.
Mr. W. W. Cowrie, transport manager of the company, told this to the Scottish Deputy Licensing Authority last week. Mr. Gowrie was supporting an application by Messrs. D. and R. Taylor, Perth, for a licence to,operate a 25-ton low-loader.
Mr. D. Taylor, sole partner of the applicant firm, said that B.R.S. once had a low-loader in Perth, but had moved y to Fife. `
The application was granted.