The Postmaster-General:

The Acting Deputy Postmaster-General, Tasmania, has asked the Solicitor-General⁽¹⁾ to assist the Department in the collection of the sum of 10s. due by A.B. for private box rental, as the Department is unable to obtain payment.

The Solicitor-General has minuted the papers as follows:

This is a debt due to the Commonwealth, and is not therefore recoverable in a State Court. If B. cannot or will not pay, the amount must be written off; there is no way in which it can be recovered. In any case, it would be beneath the dignity of the Commonwealth to proceed for such a trifle.

The Postmaster-General forwards the matter for advice.

The facts and correspondence in connection with the claim are not forwarded, so I can express no opinion on Mr B.'s hability. But I disagree altogether with Mr Dobbie's view that a debt due to the Commonwealth is not recoverable in a State court. The Commonwealth is the Crown, and may sue in any of the King's Courts which have jurisdiction in respect of the defendant and the amount-e.g. in this case a local court.

Nor am I able to agree that it is beneath the dignity of the Commonwealth to enforce the payment of debts due to it, however small the amount.

[Vol. 3, p. 167]

(1) Of Tasmania.