Winsor v Boaden [1953] HCA 46

Winsor v Boaden [1953] HCA 46

Section 80 of the Government Railways Act 1912-1951 requires a single sentence of six months or more to be deemed to have vacated an office; cumulative sentences do not trigger the provision. Therefore, the respondent was not sentenced to imprisonment for a term of or exceeding six months within the meaning of the Act.

Parties
Appellants: Winsor and Others; Respondent: Boaden
Jurisdiction
Australia
Judgment Date
19 August 1953
Procedural Posture
Appeal / On Appeal From the Supreme Court of New South Wales
Outcome
Appeal dismissed with costs.
Legal Topics
Interpretation of Statutory Provisions Concerning Employment Termination, Construction of Statute Affecting Accrued Rights
Administrative Law Statutory Interpretation Employment Law Interpretation of Statutory Provisions Concerning Employment Termination Construction of Statute Affecting Accrued Rights

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Parties

Winsor and Others

Appellants

Boaden

Respondent

Procedural Posture

Appeal / On Appeal From the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether the respondent was 'sentenced to imprisonment for any term of or exceeding six months' within the meaning of s. 80 of the Government Railways Act 1912-1951 (NSW) when consecutive sentences collectively exceeded six months but no single sentence did.

Ratio Decidendi

Section 80 of the Government Railways Act 1912-1951 requires a single sentence of six months or more to be deemed to have vacated an office; cumulative sentences do not trigger the provision. Therefore, the respondent was not sentenced to imprisonment for a term of or exceeding six months within the meaning of the Act.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.