Place v Thompson [1949] HCA 35

Place v Thompson [1949] HCA 35

By majority, the High Court held that the phrase in s. 170 (5) (a), "any adjudication whereby an application for the removal of a licence is granted or refused", is capable of and should be construed as including a Licensing Court order conditionally granting removal of a publican's licence under s. 39A (1). The subject matter of the application is the removal of the licence, the merits are determined when the conditional order is made, and the later order follows upon satisfaction of the statutory condition. Accordingly Quarter Sessions had no jurisdiction to hear the objectors' appeal, and mandamus should not have issued.

Jurisdiction
Australia
Procedural Posture
High Court Appeal Concerning Mandamus and Liquor Licensing Appeal Jurisdiction / Appeal From an Order of the Supreme Court of New South Wales Making Absolute a Rule Nisi for a Mandamus
Outcome
Appeal allowed.
Legal Topics
['jurisdiction of Quarter Sessions' 'appeals From Licensing Court Adjudications' "conditional Removal of a Publican's Licence" 'mandamus' 'construction of S. 170 (5) (a) of the Liquor Act 1912 1946']
['administrative Law' 'liquor Licensing' 'statutory Interpretation'] ['jurisdiction of Quarter Sessions' 'appeals From Licensing Court Adjudications' "conditional Removal of a Publican's Licence" 'mandamus' 'construction of S. 170 (5) (a) of the Liquor Act 1912 1946']

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Procedural Posture

High Court Appeal Concerning Mandamus and Liquor Licensing Appeal Jurisdiction / Appeal From an Order of the Supreme Court of New South Wales Making Absolute a Rule Nisi for a Mandamus

Legal Issues

  1. 1 ["Whether s. 170 (5) (a) of the Liquor Act 1912-1946 deprived Quarter Sessions of jurisdiction to entertain an appeal from a Licensing Court order conditionally granting removal of a publican's licence under s. 39A (1)." 'Whether an adjudication making an order conditionally granting removal of a licence is an adjudication whereby an application for the removal of a licence is granted or refused within s. 170 (5) (a).']

Ratio Decidendi

By majority, the High Court held that the phrase in s. 170 (5) (a), "any adjudication whereby an application for the removal of a licence is granted or refused", is capable of and should be construed as including a Licensing Court order conditionally granting removal of a publican's licence under s. 39A (1). The subject matter of the application is the removal of the licence, the merits are determined when the conditional order is made, and the later order follows upon satisfaction of the statutory condition. Accordingly Quarter Sessions had no jurisdiction to hear the objectors' appeal, and mandamus should not have issued.

Court Disposition

Appeal allowed.

Orders

  • ['Order of the Supreme Court set aside.' 'In lieu thereof discharge the rule nisi for a mandamus with costs.' 'The respondents should pay the costs of the appeal to this Court and the costs of the rule in the Supreme Court.']