R v Brown

The case of *John Brown and Others v. His Majesty the King* involved a petition of right presented by John Brown and others against the Crown. The petitioners claimed to be assignees of a sum of £710, which had been lodged as security for the performance of coal supply contracts with the Government of Victoria. The dispute centred on whether the Crown was legally obligated to repay this sum to the petitioners, who asserted their right as assignees of the original contractor, Pigott Bros. & Co.

The High Court of Australia was required to determine several legal issues. Primarily, the court had to ascertain whether, upon the due completion of the contracts, the Crown owed a legal obligation to Pigott Bros. & Co. for the return of the security money. Further, the court needed to consider whether a chose in action, specifically a right against the Crown, was assignable in a manner that would allow an assignee to pursue a petition of right. The court also had to assess the validity and effect of the purported assignment of the right to the security money to the petitioners.

A majority of the High Court, comprising Griffith C.J. and Barton J., held that upon the due completion of the contracts, the Crown was under a legal obligation to pay a sum equivalent to the deposit receipt to Pigott Bros. & Co. This obligation was characterised as a debt recoverable by a petition of right as money had and received. The court found that the right to this sum was assignable, and that the assignment executed in 1906, coupled with notice given to the Crown, entitled the petitioners to recover the amount. Isaacs J., dissenting, viewed the deposit receipt as security for which the Crown had a charge, and questioned the assignability of the right to petition the Crown.

The Supreme Court of Victoria's decision was varied and affirmed as varied by the High Court. The appeal by the Crown was dismissed, with the majority finding in favour of the petitioners, establishing their entitlement to recover the £710 from the Crown.