R v Spicer; Ex parte Truth and Sportsman Ltd [1957] HCA 38

R v Spicer; Ex parte Truth and Sportsman Ltd [1957] HCA 38

By majority (Dixon C.J., McTiernan, Williams, Webb and Taylor JJ.), s. 113 of the Conciliation and Arbitration Act 1904-1956 does not confer a right of appeal to the Commonwealth Industrial Court from the Industrial Commission of New South Wales when the latter sits as an appellate tribunal in respect of matters where appeal proceedings were instituted before s. 113 commenced but determined after commencement. The section is to be read as conferring a single right of appeal from original orders, not to allow for successive appeals through multiple State and federal levels, in line with its policy and structure.

Parties
Prosecutor: The Queen; Respondents: Spicer and Others (Judges of Commonwealth Industrial Court); Applicant/prosecutor: Truth and Sportsman Limited; Respondent/complainant: Voltaire Molesworth
Jurisdiction
Australia
Procedural Posture
Application for Orders Nisi for Mandamus / Final Judgment in High Court on Mandamus Orders
Outcome
Orders nisi for mandamus discharged (majority); applications refused
Legal Topics
Appellate Jurisdiction, Federal Jurisdiction, Statutory Construction, Industrial Awards, Transitional Provisions
Industrial Law Administrative Law Constitutional Law Appellate Jurisdiction Federal Jurisdiction Statutory Construction Industrial Awards Transitional Provisions

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Parties

The Queen

Prosecutor

Spicer and Others (Judges of Commonwealth Industrial Court)

Respondents

Truth and Sportsman Limited

Applicant/prosecutor

Voltaire Molesworth

Respondent/complainant

Procedural Posture

Application for Orders Nisi for Mandamus / Final Judgment in High Court on Mandamus Orders

Legal Issues

  1. 1 Whether s. 113 of the Conciliation and Arbitration Act 1904-1956 confers jurisdiction on the Commonwealth Industrial Court to hear appeals from orders of the Industrial Commission of NSW made in exercise of its appellate jurisdiction after commencement of s. 113.
  2. 2 Whether transitional cases allow for successive appeals under s. 113.
  3. 3 Whether sub-sections (1) and (4) of s. 113 are to be read as complementary, confining the appellate right to orders at first instance.

Ratio Decidendi

By majority (Dixon C.J., McTiernan, Williams, Webb and Taylor JJ.), s. 113 of the Conciliation and Arbitration Act 1904-1956 does not confer a right of appeal to the Commonwealth Industrial Court from the Industrial Commission of New South Wales when the latter sits as an appellate tribunal in respect of matters where appeal proceedings were instituted before s. 113 commenced but determined after commencement. The section is to be read as conferring a single right of appeal from original orders, not to allow for successive appeals through multiple State and federal levels, in line with its policy and structure.

Court Disposition

Orders nisi for mandamus discharged (majority); applications refused

Orders

  • Orders nisi for mandamus discharged with costs.