Commissioner for Railways (NSW) v Cavanough [1935] HCA 45

Because the conviction was set aside, respondent was deemed never to have vacated his office and was entitled to the unpaid salary for the period of suspension.

Parties: Defendant: Commissioner for Railways (N.S.W.); Plaintiff: Cavanough
Jurisdiction: Australia
Procedural Posture: Appeal / Judgment on Appeal From Supreme Court of New South Wales
Outcome: Judgment for plaintiff; appeal dismissed with costs.
Legal Topics: Conviction Set Aside, Felony Definition, Vacation of Office, Entitlement to Salary

Criminal Law Employment Law Statutory Interpretation Conviction Set Aside Felony Definition Vacation of Office Entitlement to Salary

Case Brief

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Parties

Commissioner for Railways (N.S.W.)

Defendant

Cavanough

Plaintiff

Procedural Posture

Appeal / Judgment on Appeal From Supreme Court of New South Wales

Legal Issues

1 Whether summary conviction for larceny under sec. 501 Crimes Act 1900 (N.S.W.) constitutes conviction for felony under Government Railways Act 1912 (N.S.W.) sec. 80
2 Whether setting aside of conviction entitles officer to unpaid salary for suspension period

Ratio Decidendi

Because the conviction was set aside, respondent was deemed never to have vacated his office and was entitled to the unpaid salary for the period of suspension.

Court Disposition

Judgment for plaintiff; appeal dismissed with costs.

Orders

Judgment for plaintiff on demurrer to second plea
Judgment of Supreme Court varied