Willis and Christie v Perry [1912] HCA 12

Willis and Christie v Perry [1912] HCA 12

The Speaker of the Legislative Assembly of New South Wales has no authority to arrest a member who, having been disorderly, has left the chamber, and to bring him back in; such a power is punitive, not protective, and is not possessed by the Assembly without express grant. The belief of necessity or further disorder does not confer this power, and the pleaded facts are insufficient to justify the action.

Parties
Appellant; Defendant: Willis; Appellant; Defendant: Christie; Respondent; Plaintiff: Perry
Jurisdiction
Australia
Judgment Date
19 April 1912
Procedural Posture
Appeal / On Appeal From the Supreme Court of New South Wales, Challenging the Decision on Demurrer Entering Judgment for the Plaintiff.
Outcome
Appeal dismissed with costs.
Legal Topics
Powers of the Speaker, Privileges of Legislative Assemblies, Arrest and Detention of Members, Limits of Punitive and Protective Powers, False Imprisonment, Assault
Constitutional Law Parliamentary Privilege Powers of the Speaker Privileges of Legislative Assemblies Arrest and Detention of Members Limits of Punitive and Protective Powers False Imprisonment Assault

Case Brief

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Parties

Willis

Appellant; Defendant

Christie

Appellant; Defendant

Perry

Respondent; Plaintiff

Procedural Posture

Appeal / On Appeal From the Supreme Court of New South Wales, Challenging the Decision on Demurrer Entering Judgment for the Plaintiff.

Legal Issues

  1. 1 Whether the Speaker of the Legislative Assembly of New South Wales has the authority to cause a disorderly member, who has left the chamber, to be arrested outside and brought back into it.
  2. 2 Whether such action is protective/self-defensive or punitive, and whether the Speaker's belief in necessity is relevant.

Ratio Decidendi

The Speaker of the Legislative Assembly of New South Wales has no authority to arrest a member who, having been disorderly, has left the chamber, and to bring him back in; such a power is punitive, not protective, and is not possessed by the Assembly without express grant. The belief of necessity or further disorder does not confer this power, and the pleaded facts are insufficient to justify the action.

Court Disposition

Appeal dismissed with costs.

Orders

  • Judgment for the plaintiff on the demurrer.