Gilmour v Bastian [1917] HCA 61

Gilmour v Bastian [1917] HCA 61

Because the Local Government Act 1906 (N.S.W.) does not expressly give the right to sue or proceed for a penalty for breach of an ordinance to any officer or person by name or designation, sec. 4 of the Fines and Penalties Act 1901 (N.S.W.) applies, so any person may sue for such a penalty.

Parties
Complainant: Gilmour; Defendant: Bastian
Jurisdiction
Australia
Judgment Date
26 November 1917
Procedural Posture
Application for Special Leave to Appeal / High Court Determination on Special Leave
Outcome
Special leave to appeal refused
Legal Topics
Breach of Ordinance, Penalties and Fines, Standing to Prosecute
Local Government Law Administrative Law Breach of Ordinance Penalties and Fines Standing to Prosecute

Case Brief

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Parties

Gilmour

Complainant

Bastian

Defendant

Procedural Posture

Application for Special Leave to Appeal / High Court Determination on Special Leave

Legal Issues

  1. 1 Whether a member of the public has the right to sue for a penalty for breach of an ordinance under the Local Government Act 1906 (N.S.W.)
  2. 2 Whether the Act expressly confers the right to sue for penalties only upon certain officers or persons by name or designation

Ratio Decidendi

Because the Local Government Act 1906 (N.S.W.) does not expressly give the right to sue or proceed for a penalty for breach of an ordinance to any officer or person by name or designation, sec. 4 of the Fines and Penalties Act 1901 (N.S.W.) applies, so any person may sue for such a penalty.

Court Disposition

Special leave to appeal refused

Orders

  • Special leave to appeal refused