Guide 3 to NSW State Archives relating to Responsible Government - OCR - Flipbook - Page 203
A Guide to New South Wales State Archives relating to Responsible Government
The file commences with 1926 correspondence relating to the High
Court proceedings between the State of New South Wales and the
Commonwealth of Australia concerning payment for Garden Island
and Admiralty House (the State of New South Wales and Another v
The Commonwealth of Australia, actions 21 of 1920 and 15 of
1924). The August 1926 decision of the High Court was that
Garden Island was owned by the State and not the
Commonwealth.
The State claimed mesne profits in respect of the Commonwealth's
occupation of the Island since 12 October 1923. The
Commonwealth Government, not unexpectedly, decided to apply
for special leave to appeal to the Privy Council. In January 1929
the Privy Council decision was that Garden Island belonged to New
South Wales and was not Commonwealth territory.
In March 1929 the State wrote to the Commonwealth asking about
the arrangements "your Government propose to make in regard to
payment for the Island and as to the vacation thereof". By
September 1931 the Commonwealth Government was still in
possession of the property but still not paying any rental.
Following a valuation by the Valuer General and correspondence
with the State Crown Solicitor and the Treasury, on 21 March 1932
the State Government wrote inviting the Prime Minister to consider
making a capital payment of £365,000 or a rental payment of
£18,250 per annum. In July 1933 the State prepared an amending
proposal that rent should be payable from 1 February 1929, the
first day of the month following the Privy Council decision;
therefore the Commonwealth was indebted to New South Wales
for the sum of £80,604.3.4 for rent 1 February 1929-30 June
1933. A begging letter from the Prime Minister of 4 August 1934,
advancing reasons why the Commonwealth should not make any
payment to the State, concludes that "so long as it is required for
naval purposes, the use of the Island be made available to the
Commonwealth free of charge". The matter was in abeyance
between 1934 and 1939 when it was again raised by the Prime
Minister. In June 1940 the State Cabinet considered the matter
deciding that it would not waive its claim to £365,000, or the
annual rental but that no further action would be taken until the
termination of the war unless again raised by the Commonwealth
Government.
Included are newspaper clippings; papers relating to the Privy
Council appeal; notes of the judgments; correspondence and other
papers. Record of Proceedings in the High Court of Australia No.15
of 1924 (exhibits dating from 1851-1923); copy of the Privy
Council judgment delivered on 29 January 1929; plan of Garden
Island, December 1930; and a booklet/report Garden Island Transfer to Commonwealth. History of negotiations, undated but
c.1940s, are also included.
200
State Records Authority of New South Wales
