MATTER OF ARBITRATION BETWEEN BLAND BROS. AND COUNCIL OF BOROUGH OF INGLEWOOD

[1918] VLR 467·HOOD, J., HODGES, J., CUSSEN, J.
[1918] VLR 467
1918 VLR 467
MATTER OF ARBITRATION BETWEEN BLAND BROS. AND COUNCIL OF BOROUGH OF INGLEWOOD Supreme Court of Victoria HOOD, J., HODGES, J., CUSSEN, J. April 4, 5, 8, 1918, 06 June 1918 ArbitrationAwardJurisdictionInjury to landFloodingOverflow of water channelStatutory remedyActsOmissionsWater Act 1915 (No. 2747), ss. 253, 259, 260, 263, 264, 265Water Act 1916 (No. 2852), s. 6Arbitration Act 1915 (No. 2614), ss. 12, 19 .

* A Statute which empowers a Public Authority to do specified acts, and, whilst taking away the right of action of a person injured by such acts lawfully done, gives compensation by arbitration, is not, unless a contrary intention appears, to be construed as including compensation for injuries caused by the neglect or omission of the Authority: as to these the person injured still has his remedy by action.

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[1918] VLR 467

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