Barclay v Linnane [1956] HCA 17

Barclay v Linnane [1956] HCA 17

The Court held that the words 'employed upon the railway' are not restricted to persons actually employed in working on the lines or tracks and services ancillary to the running of trains, but include every employee whose work takes an immediate part in the working of the whole operating portion of the railway system.

Parties
Applicant: Barclay; Respondent: Linnane
Jurisdiction
Australia
Judgment Date
18 April 1956
Procedural Posture
Application for Leave to Appeal / Application for Special Leave and Appeal From Supreme Court of New South Wales
Outcome
Appeal allowed; order of Clancy J. discharged.
Legal Topics
Interpretation of Government Railways Act S.133(1)(a), Scope of 'person Employed Upon the Railway'
Criminal Law Administrative Law Interpretation of Government Railways Act S.133(1)(a) Scope of 'person Employed Upon the Railway'

Case Brief

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Parties

Barclay

Applicant

Linnane

Respondent

Procedural Posture

Application for Leave to Appeal / Application for Special Leave and Appeal From Supreme Court of New South Wales

Legal Issues

  1. 1 Whether an officer in charge of lost property section at a railway siding is a 'person employed upon the railway' under s.133(1)(a) of the Government Railways Act 1912-1955 (N.S.W.)
  2. 2 Proper construction of 'employed upon the railway' for the purposes of prosecution under the Act

Ratio Decidendi

The Court held that the words 'employed upon the railway' are not restricted to persons actually employed in working on the lines or tracks and services ancillary to the running of trains, but include every employee whose work takes an immediate part in the working of the whole operating portion of the railway system.

Court Disposition

Appeal allowed; order of Clancy J. discharged.

Orders

  • Special leave to appeal granted on terms applicant pay costs of defendant respondent taxed for one counsel.
  • Application for special leave treated as the appeal.