Schubert v Lee [1946] HCA 28

Schubert v Lee [1946] HCA 28

A lane regularly used by the public is a 'road' within the meaning of the Traffic Act and applies to regulatory offences, even if not dedicated as a public highway; obstruction within the meaning of reg. 327 does not require proof of actual impediment, but a substantial detraction from expected public use suffices. Both applicants' conduct amounted to such obstruction.

Parties
Applicant: Albert Schubert; Applicant: Thomas Morris; Respondent: Lee
Jurisdiction
Australia
Procedural Posture
Application for Special Leave to Appeal / Determination of Applications for Special Leave to Appeal
Outcome
Applications for special leave to appeal refused with costs.
Legal Topics
Obstruction of Highway, Interpretation of 'road', Application of Traffic Regulations, Betting Offences, Definition of Public Use
Criminal Law Road Traffic Law Obstruction of Highway Interpretation of 'road' Application of Traffic Regulations Betting Offences Definition of Public Use

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 3 Authorities cited 17 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Albert Schubert

Applicant

Thomas Morris

Applicant

Lee

Respondent

Procedural Posture

Application for Special Leave to Appeal / Determination of Applications for Special Leave to Appeal

Legal Issues

  1. 1 Whether a lane open to or used by the public but not dedicated as a highway falls within the definition of 'road' under s. 4 of the Traffic Act 1919-1941 (W.A.) and applies to reg. 327.
  2. 2 Whether it is necessary to prove actual interference with other persons to establish obstruction under reg. 327.
  3. 3 Whether carrying on betting in a public place constitutes obstruction under the regulation.

Ratio Decidendi

A lane regularly used by the public is a 'road' within the meaning of the Traffic Act and applies to regulatory offences, even if not dedicated as a public highway; obstruction within the meaning of reg. 327 does not require proof of actual impediment, but a substantial detraction from expected public use suffices. Both applicants' conduct amounted to such obstruction.

Court Disposition

Applications for special leave to appeal refused with costs.

Orders

  • Schubert v. Lee: Application dismissed with costs.
  • Morris v. Lee: Application dismissed with costs.