Symes v Stewart [1920] HCA 73

Symes v Stewart [1920] HCA 73

Handing over liquor previously sold and stored for an owner, to that same owner when in a state of intoxication, constitutes 'supplying' liquor under section 53 of the Liquor Act 1912 (N.S.W.). The context of the Act requires a liberal construction of 'supply.'

Parties
Appellant; Defendant: George Richard Symes; Respondent; Informant: Peter Stewart
Jurisdiction
Australia
Judgment Date
17 November 1920
Procedural Posture
Appeal / High Court Appeal From Supreme Court of New South Wales
Outcome
appeal dismissed with costs
Legal Topics
Supply of Liquor to Intoxicated Persons, Interpretation of 'supply' Under Liquor Act 1912 (n.s.w.)
Criminal Law Licensing Law Supply of Liquor to Intoxicated Persons Interpretation of 'supply' Under Liquor Act 1912 (n.s.w.)

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Parties

George Richard Symes

Appellant; Defendant

Peter Stewart

Respondent; Informant

Procedural Posture

Appeal / High Court Appeal From Supreme Court of New South Wales

Legal Issues

  1. 1 Whether handing liquor previously sold and delivered to the owner, for safe-keeping, and subsequently returning it when owner is intoxicated constitutes 'supplying' under s.53 of the Liquor Act 1912 (N.S.W.)

Ratio Decidendi

Handing over liquor previously sold and stored for an owner, to that same owner when in a state of intoxication, constitutes 'supplying' liquor under section 53 of the Liquor Act 1912 (N.S.W.). The context of the Act requires a liberal construction of 'supply.'

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs.