THE MILDURA CO-OPERATIVE FRUIT CO. LTD. v. NOYCE

[1928] VLR 390·LOWE, J.
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[1928] VLR 390
1928 VLR 390
THE MILDURA CO-OPERATIVE FRUIT CO. LTD. v. NOYCE Supreme Court of Victoria LOWE, J. May 25, 31, 1928, 12 June 1928 Attachment — Debts — Payment due for fruit acquired for Crown under Dried Fruits Acts — Whether a debt subject to attachment — Dried Fruits Act 1924 (No. 3380), ss. 5, 8 (1) (2) (6), 12; Dried Fruits Act 1925 (No. 3418), s. 3 (6) — Rules of Supreme Court 1916, Order XLV., r. 1.

On the proper construction of the Dried Fruits Act 1924, in acquiring under that Act dried fruits on behalf of His Majesty the Minister of Agriculture acts merely as the instrument of the Crown. The obligation to pay for the fruits is upon the Crown and not upon the Minister as such, and therefore is not subject to attachment by garnishee proceedings.

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[1928] VLR 390

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