Commissioner for Motor Transport v Terry [1968] HCA 5

Commissioner for Motor Transport v Terry [1968] HCA 5

By majority, the amounts claimed were statutory exactions for revenue purposes payable to the Crown and therefore duties to the Crown within s. 11(1) of the Small Debts Recovery Act. Section 39(1) of the State Transport (Co-ordination) Act provided a separate summary remedy under the Justices Act and did not...

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Appeal / Appeal by Special Leave From an Order of the Supreme Court of New South Wales, Court of Appeal Division, Granting a Writ of Prohibition
Outcome
Appeal dismissed with costs.
Legal Topics
['small Debts Court Jurisdiction' 'writ of Prohibition' 'statutory Transport Licence Charges' 'duty to the Crown' 'summary Recovery Before Justices']
['administrative Law' 'transport Law' 'civil Procedure' 'revenue Law'] ['small Debts Court Jurisdiction' 'writ of Prohibition' 'statutory Transport Licence Charges' 'duty to the Crown' 'summary Recovery Before Justices']

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Procedural Posture

Appeal / Appeal by Special Leave From an Order of the Supreme Court of New South Wales, Court of Appeal Division, Granting a Writ of Prohibition

Legal Issues

  1. 1 ['Whether sums payable under a condition of a public motor vehicle licence under the State Transport (Co-ordination) Act, 1931-1956 N.S.W. were duties to the Crown within s. 11(1) of the Small Debts Recovery Act, 1912-1961 N.S.W.' 'Whether s. 39(1) of the State Transport (Co-ordination) Act, 1931-1956 N.S.W. authorised recovery of those sums in the Small Debts Court despite s. 11(1) of the Small Debts Recovery Act, 1912-1961 N.S.W.']

Ratio Decidendi

By majority, the amounts claimed were statutory exactions for revenue purposes payable to the Crown and therefore duties to the Crown within s. 11(1) of the Small Debts Recovery Act. Section 39(1) of the State Transport (Co-ordination) Act provided a separate summary remedy under the Justices Act and did not override or enlarge the Small Debts Court jurisdiction. The Small Debts Court was therefore precluded from entertaining the default summons, and prohibition was properly granted.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']