Unger v Mason [1947] HCA 44

Unger v Mason [1947] HCA 44

The exemption in s. 5(1)(c) of the Licensing Act 1928 does not include wholesale druggists who are not registered pharmaceutical chemists. The word 'registered' qualifies both 'pharmaceutical chemist' and 'druggist.' Only registered persons are exempt from the operation of the Licensing Act when selling liquor for medicinal purposes.

Parties
Appellant; Defendant: Kurt Unger; Respondent; Informant: Henry Mason
Jurisdiction
Australia
Procedural Posture
Criminal / Appeal From Supreme Court of Victoria
Outcome
Appeal dismissed
Legal Topics
Statutory Interpretation, Exemptions Under Licensing Law, Registration Requirements for Chemists and Druggists
Liquor Licensing Pharmaceutical Regulation Statutory Interpretation Exemptions Under Licensing Law Registration Requirements for Chemists and Druggists

Case Brief

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Parties

Kurt Unger

Appellant; Defendant

Henry Mason

Respondent; Informant

Procedural Posture

Criminal / Appeal From Supreme Court of Victoria

Legal Issues

  1. 1 Whether s. 5(1)(c) of the Licensing Act 1928 exempts unregistered wholesale druggists from its operation when selling liquor for medicinal purposes
  2. 2 Whether 'registered' in 'registered pharmaceutical chemist or druggist' qualifies both 'pharmaceutical chemist' and 'druggist'
  3. 3 Whether a sale by a wholesale druggist to a licensed victualler of medicated wine constitutes a sale for medicinal purposes under the Act

Ratio Decidendi

The exemption in s. 5(1)(c) of the Licensing Act 1928 does not include wholesale druggists who are not registered pharmaceutical chemists. The word 'registered' qualifies both 'pharmaceutical chemist' and 'druggist.' Only registered persons are exempt from the operation of the Licensing Act when selling liquor for medicinal purposes.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay costs