McCullin v Crawford [1921] HCA 22

McCullin v Crawford [1921] HCA 22

Upon an appeal under s.13 of the Licensing Act 1919, the Court of Petty Sessions has jurisdiction to rehear the whole matter and make any order within the competence of the Licences Reduction Board, including an order less favourable to the appellant, even in the absence of a cross-appeal or notice by the respondent.

Parties
Appellant/occupier: Bryan McCullin; Respondents/owners: George Hunter Crawford, Robert Edington Crawford and Elizabeth Eleanor Byrne
Jurisdiction
Australia
Judgment Date
23 May 1921
Procedural Posture
Appeal / High Court Appeal From Supreme Court of Victoria
Outcome
Appeal allowed.
Legal Topics
Adjustment of Rent, Licences Reduction Board, Jurisdiction on Appeal, Function of Court of Petty Sessions, Scope of Rehearing
Licensing Law Landlord and Tenant Law Adjustment of Rent Licences Reduction Board Jurisdiction on Appeal Function of Court of Petty Sessions Scope of Rehearing

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Parties

Bryan McCullin

Appellant/occupier

George Hunter Crawford, Robert Edington Crawford and Elizabeth Eleanor Byrne

Respondents/owners

Procedural Posture

Appeal / High Court Appeal From Supreme Court of Victoria

Legal Issues

  1. 1 Whether the Court of Petty Sessions has power on appeal under s.13 of the Licensing Act 1919 to rehear the case de novo and make any order as the Licences Reduction Board could have made, including one less favourable to the appellant where the respondent did not give notice of appeal.

Ratio Decidendi

Upon an appeal under s.13 of the Licensing Act 1919, the Court of Petty Sessions has jurisdiction to rehear the whole matter and make any order within the competence of the Licences Reduction Board, including an order less favourable to the appellant, even in the absence of a cross-appeal or notice by the respondent.

Court Disposition

Appeal allowed.

Orders

  • Order of the Supreme Court of Victoria set aside.
  • Respondents to pay costs of the appellant in the Supreme Court and the High Court.