Bennett v Cooper [1948] HCA 29
The Order was not a club within the meaning of s. 203(1) of the Licensing Act 1911-1946 (W.A.), and the premises were not those of an unregistered club. Therefore, the appellants could not be convicted for supplying liquor on the premises of an unregistered club.
- Parties
- Appellant: Bennett; Appellant: Bawden; Respondent: Cooper
- Jurisdiction
- Australia
- Procedural Posture
- Appeal / Appeal From Supreme Court of Western Australia, Judgment of Walker J.
- Outcome
- Appeal allowed
- Legal Topics
- Definition of 'club' Under Licensing Act, Supply of Liquor on Premises, Club Registration Requirement
Case Brief
Summary, issues, holding and outcome
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Parties
Bennett
Appellant
Bawden
Appellant
Cooper
Respondent
Procedural Posture
Appeal / Appeal From Supreme Court of Western Australia, Judgment of Walker J.
Legal Issues
- 1 Whether the Royal Antediluvian Order of Buffaloes Grand Lodge of Western Australia is a 'club' within the meaning of s. 203(1) of the Licensing Act 1911-1946 (W.A.)
- 2 Whether the use of the Order's premises constitutes premises of an 'unregistered club' under the Act
- 3 Whether pouring liquor into jugs constitutes 'supply' under s. 203(1) of the Licensing Act
Ratio Decidendi
The Order was not a club within the meaning of s. 203(1) of the Licensing Act 1911-1946 (W.A.), and the premises were not those of an unregistered club. Therefore, the appellants could not be convicted for supplying liquor on the premises of an unregistered club.
Court Disposition
Appeal allowed
Orders
- Order of the Supreme Court of Western Australia set aside
- Order nisi discharged with costs
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