Claims against the Government and Crown Suits Act 1912 (NSW)

Act No. 27, 1912.

An Act for consolidating; enactments relating to Claims against the Government and Crown Suits. [26th November, 1912.]

B E it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative	Assembly of New South Wales in Parliament assembled, and by the
authority of the same, as follows :—
1 . This Act may be cited as the " Claims against the Govern- ment and Crown Suits Act, 1912."

2 . (1) The Acts mentioned in the Schedule to this Act are

hereby repealed.

(2) All rules of court made or deemed to have been made under the authority of any Act hereby repealed, and being in force at the time of the passing of this Act, shall be deemed to have been made under the authority of this Act.

G 3 .

3 . (1) A n y person h a v i n g or deeming himself to have any

j u s t c laim or demand whatever aga ins t t he Gove rnmen t of N e w South

Wales may set for th t h e same in a pet i t ion to t h e Governor p ray ing h im to appoin t a nominal defendant in the m a t t e r of such peti t ion, and the Governor may by notification in t he Gazet te appoin t any person res ident in New South W a l e s to be a nominal defendant accordingly.

(2) If wi th in one m o n t h after presenta t ion of such peti t ion

no such notification is made , the Colonial Treasurer shall be the

nomina l defendant .

4 .     The pet i t ioner may sue such nominal defendant a t law or in

equi ty in any compe ten t court , and every such case shall be commenced in the same way, and the proceedings and r i gh t s of par t ies there in shall as near ly as possible be t he same, and j u d g m e n t and costs shal l follow or m a y be awarded on e i ther side as in an ordinary case be tween subject and subject .

5 . The death of a nomina l defendant appointed unde r th is Act , or any Act hereby repealed, shall no t cause t h e act ion or sui t to abate , b u t it m a y be cont inued as hereinafter provided.

6 . W h e r e such dea th occurs t he Governor shall , by notification

in t h e Gazet te , appoint any person resident in New South W a l e s to be a nomina l defendant wi th in fourteen days after be ing pet i t ioned to do

so by the c la imant .

7 . On an a p p o i n t m e n t being made unde r the last preceding

section, t he cour t before whom any such ac t ion or suit is pending , or a j u d g e of such cour t , may order t h a t t he pleadings , issue, or record in t h e act ion or suit be amended by subs t i tu t ing for t he original defendant t he n a m e of the nomina l defendant so appointed ; and the reupon all j u d g m e n t s , decrees, and orders made or given in t he act ion or sui t in respect of t he or iginal defendant shall have effect in respect of the person so appointed, and all future proceedings may be con t inued aga ins t t he said person as if he had been t h e original nomina l defendant .

8 .     The nomina l defendant in any case unde r this A c t shall no t

be individual ly l iable in person or proper ty by reason of his being

such defendant .

9 .     I n any act ion or sui t unde r th is Act ail necessary j u d g m e n t s ,

decrees, and orders m a y be given and made , inc lud ing every species of

relief, whe the r by way of—

(a) specific pe r fo rmance ; or

(b) res t i tu t ion of r i g h t s ; or

(c) recovery of lands or cha t t e l s ; or

(d) p a y m e n t of money or damages .

1 0 .      I n any information, act ion, suit, or o the r proceeding by

or on behalf of the Crown in respect of any property of the Crown, the proceeds, or rents , or profits whereof by any Act now in force or hereafter to be passed are to be carried to the Consolidated R e v e n u e F u n d of New South Wales , or in respect, of any money due to the Crown by vi r tue of any Act re la t ing to the publ ic revenue , costs shall follow or may be awarded as in an ordinary case between subjec t and subject .

1 1 . (1) he Colonial Treasurer shall pay—

(a)	all damages and costs adjudged against such nominal
d e f e n d a n t ; or

(b) costs awarded agains t t he Crown or A t to rney-Genera l ,

out of any moneys in his hands t hen legally appl icable there to a n d fo rming par t of or belonging to the Consolidated Revenue or voted by

Pa r l i amen t for t h a t purpose .

(2) In t he event of such p a y m e n t not being made wi th in

s ixty days after demand, execut ion may be had for the; amoun t , and levied upon any proper ty vested in t he Governmen t , b u t not upon

any	p rope r ty—
(a) vested in the Government on behalf of the Imperial Govern-

m e n t ; or

(b)	to which the Imperial Government has any claim or is in
anywise ent i t led.

1 2 .     Costs recovered by or on behalf of the Crown shall be paid

in to the Treasury and become par t of the Consolidated Revenue.

1 3 . ( I ) The judges of the Supreme Court , or any three of

t h e m , may m a k e genera l rules for car ry ing this Act in to effect.

(2) Such rules shall not be inconsis tent wi th th is Act ,

and on being publ ished in the Gazet te shall have t he force of law.

(3) Copies of all such rules shall be laid before both Houses of Pa r l i amen t wi th in seven days after publ icat ion thereof, or if Pa r l i amen t be not s i t t ing, then wi th in seven days after the commence­ men t of the n e x t ensu ing session.

(4) If ei ther House shall at any t ime by resolution disapprove of such rules , the rules so disapproved of shall , on notification of such resolut ion to t he Chief Jus t ice , cease and de te rmine .

SCHEDULE

SCHEDULE.

Reference to Act. Title of Act.

Act No. 30, 1897... Claims against the Government and Crown Suits Act, 181)7.

Act No. 4, 1904 ... Claims against the Government and Crown Suits (Amendment) Act,