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1931 Supreme(SC) 53

Henry Greer Robinson – Appellant
Versus
State of South Australia – Respondent


Advocates Appeared:
Ommanney , Sulton, Solicitors , Hartley , Hartley , Blyth, Dutton

Lord Blanesburgh.—

There is now in Australia a concourse of claimants seeking to establish against the State of South Australia a liability to them individually for the alleged negligence of its servants and agents in the execution of the duties of Government under the Wheat Harvest Acts, 1915-17.

Under these Acts a Wheat Marketing Scheme was established, the substance of which was that all growers in South Australia had to deliver their wheat to the Government, which assumed the duty of accepting and marketing it and distributing the net proceeds among the growers or their assigns in proportion to the quantities of wheat delivered. In the case of Welden v. Smith, [1924] AC 484=98 LJ PC 194=181 LT 37=68 SJ 339=40 TLR 256, it was contended by the State that the Wheat Harvest Acts involved on behalf of Government political rather than trading operations and responsibilities. But that contention was not accepted by this Board, which adopted the view that the State was, under these Acts, in effect, carrying on the business of marketing and selling the wheat of those who supplied it, and that Government at the suit of wheat growers who delivered wheat under the scheme could be held liable

























































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