Bell Bros Pty Ltd v Shire of Serpentine-Jarrahdale [1969] HCA 63

Bell Bros Pty Ltd v Shire of Serpentine-Jarrahdale [1969] HCA 63

The respondent validly controlled quarrying by requiring licences, but by-law 7 was invalid and gave it no authority to charge fees. Because the applicant could not lawfully quarry without licences and could not obtain them except by submitting to the respondent's unlawful demand for fees, the payments were involuntary and exacted colore officii. The applicant was therefore entitled to recover the money as money had and received.

Jurisdiction
Australia
Procedural Posture
Application for Special Leave to Appeal and Appeal in an Action for Money Had and Received to Recover Licence Fees Paid Under an Invalid by Law / High Court of Australia Appeal From the Full Court of the Supreme Court of Western Australia
Outcome
Special leave to appeal granted; appeal allowed with costs.
Legal Topics
['money Had and Received' 'payments Exacted Colore Officii' 'invalid by Laws' 'quarrying Licences' 'recovery of Licence Fees']
['restitution' 'administrative Law' 'local Government Law'] ['money Had and Received' 'payments Exacted Colore Officii' 'invalid by Laws' 'quarrying Licences' 'recovery of Licence Fees']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Special Leave to Appeal and Appeal in an Action for Money Had and Received to Recover Licence Fees Paid Under an Invalid by Law / High Court of Australia Appeal From the Full Court of the Supreme Court of Western Australia

Legal Issues

  1. 1 ['Whether licence fees paid to the respondent under by-law 7, later held invalid, were recoverable as money had and received.' 'Whether the payments were involuntary because they were exacted colore officii as a condition of licences needed to quarry lawfully.' 'Whether Mason v New South Wales precluded recovery absent additional circumstances of compulsion.']

Ratio Decidendi

The respondent validly controlled quarrying by requiring licences, but by-law 7 was invalid and gave it no authority to charge fees. Because the applicant could not lawfully quarry without licences and could not obtain them except by submitting to the respondent's unlawful demand for fees, the payments were involuntary and exacted colore officii. The applicant was therefore entitled to recover the money as money had and received.

Court Disposition

Special leave to appeal granted; appeal allowed with costs.

Orders

  • ['Special leave to appeal granted.' 'Appeal allowed with costs.' 'Order of the Full Court of the Supreme Court of Western Australia set aside.' 'In lieu thereof order that the appeal to that Court be allowed with costs.' 'Judgment be entered for the plaintiff in the amount $1,686.02 with costs to be determined by...