Strang v Metropolitan Transport Trust

[1990] TASSC 118

Serial No B41/1990
List "B"

COURT:                 SUPREME COURT OF TASMANIA

CITATION:            Strang v Metropolitan Transport Trust [1990] TASSC 118; B41/1990

PARTIES:  STRANG, Ivan Keith
  v
  METROPOLITAN TRANSPORT TRUST

FILE NO/S:  M83/1990
DELIVERED ON:  28 June 1990
JUDGMENT OF:  Neasey J

Judgment Number:  B41/1990
Number of paragraphs:  2

Serial No B41/1990
List "B"
File No M83/1990

IVAN KEITH STRANG v THE METROPOLITAN TRANSPORT TRUST

REASONS FOR JUDGMENT  NEASEY J

(Given Orally)  28 June 1990

1. In my opinion, s64(16) of the Supreme Court Civil Procedure Act 1932 is a general provision which has this effect in relation to the Metropolitan Transport Trust in the present proceedings, that if the Metropolitan Transport Trust is an agent or emanation of the Crown, of which there are strong arguments to indicate it is, nevertheless since the action in question is one which may be taken against the Crown or any agent or emanation of the Crown pursuant to s64(1) of the Supreme Court Civil Procedure Act and the Metropolitan Transport Trust is an incorporated body and ss66(3), 67, 68 and 69 of the Act have no present application, this action may proceed in any court of competent jurisdiction in exactly the same way as any other action between subject and subject. That is to say in my opinion, the learned commissioner‘s order that the Court of Requests had no jurisdiction is wrong and should be set aside.

1. There will be an order under s127 of the Local Courts Act. There will be an order for costs to be taxed on the appropriate scale.