Attorney-General of Queensland v Wilkinson [1958] HCA 21

Attorney-General of Queensland v Wilkinson [1958] HCA 21

The Supreme Court of Queensland had jurisdiction to grant prohibition to the Industrial Court; the Industrial Court exceeded its jurisdiction by prohibiting Sunday trading, as it was not an 'industrial matter'; and none of the applicants had standing to seek special leave to appeal.

Parties
Applicant: Attorney-General of Queensland; Applicant: Minister for Labour and Industry of Queensland; Applicant: Chief Inspector of Factories and Shops; Respondent: Jack Wilkinson; Respondent: Industrial Court of Queensland
Jurisdiction
Australia
Procedural Posture
Application for Special Leave to Appeal / Application for Special Leave to Appeal to the High Court of Australia From an Order of the Full Court of the Supreme Court of Queensland
Outcome
Application for special leave to appeal refused
Legal Topics
Prerogative Writs, Jurisdiction, Awards, Trading Hours, Superior Courts of Record, Locus Standi
Industrial Law Administrative Law Prerogative Writs Jurisdiction Awards Trading Hours Superior Courts of Record Locus Standi

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Parties

Attorney-General of Queensland

Applicant

Minister for Labour and Industry of Queensland

Applicant

Chief Inspector of Factories and Shops

Applicant

Jack Wilkinson

Respondent

Industrial Court of Queensland

Respondent

Procedural Posture

Application for Special Leave to Appeal / Application for Special Leave to Appeal to the High Court of Australia From an Order of the Full Court of the Supreme Court of Queensland

Legal Issues

  1. 1 Whether the Supreme Court of Queensland had jurisdiction to issue a writ of prohibition to the Industrial Court of Queensland
  2. 2 Whether the Industrial Court exceeded its jurisdiction by including a prohibition on Sunday trading in an award
  3. 3 Whether any of the applicants had standing (locus standi) to seek special leave to appeal

Ratio Decidendi

The Supreme Court of Queensland had jurisdiction to grant prohibition to the Industrial Court; the Industrial Court exceeded its jurisdiction by prohibiting Sunday trading, as it was not an 'industrial matter'; and none of the applicants had standing to seek special leave to appeal.

Court Disposition

Application for special leave to appeal refused

Orders

  • Applicants to pay the costs of the respondent, Wilkinson, of the application