Carroll v Shillinglaw [1906] HCA 39

Carroll v Shillinglaw [1906] HCA 39

Rule 7 permitting 'purchasing members' to purchase medicines is ultra vires the Friendly Societies Act 1890; sales of medicines to such members constitute unauthorized trade and are a violation of section 97 of the Medical Act 1890. Acknowledgment of registry does not make an invalid rule valid. Appeal dismissed.

Parties
Appellants/defendants: T. Carroll, B. Hollingworth, W. S. Lyon, H. S. Higginson, J. M. Ross, C. Quelch, J. Walker, and J. T. Turner; Respondent/informant: Harry William Shillinglaw
Jurisdiction
Australia
Judgment Date
25 June 1906
Procedural Posture
Appeal / Appeal From Supreme Court of Victoria, Challenging Review of a Magistrates' Court Decision
Outcome
Appeal dismissed with costs
Legal Topics
Friendly Societies, Pharmaceutical Regulation, Ultra Vires of Society Rules, Statutory Interpretation, Membership Rights
Administrative Law Criminal Law Statutory Interpretation Friendly Societies Pharmaceutical Regulation Ultra Vires of Society Rules Membership Rights

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Parties

T. Carroll, B. Hollingworth, W. S. Lyon, H. S. Higginson, J. M. Ross, C. Quelch, J. Walker, and J. T. Turner

Appellants/defendants

Harry William Shillinglaw

Respondent/informant

Procedural Posture

Appeal / Appeal From Supreme Court of Victoria, Challenging Review of a Magistrates' Court Decision

Legal Issues

  1. 1 Whether Rule 7 permitting 'purchasing members' is ultra vires the Friendly Societies Act 1890
  2. 2 Whether sale of medicines to 'purchasing members' is authorised under the Friendly Societies Acts
  3. 3 Whether an acknowledgment of registration of rules is conclusive evidence of their validity

Ratio Decidendi

Rule 7 permitting 'purchasing members' to purchase medicines is ultra vires the Friendly Societies Act 1890; sales of medicines to such members constitute unauthorized trade and are a violation of section 97 of the Medical Act 1890. Acknowledgment of registry does not make an invalid rule valid. Appeal dismissed.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs