Downey v Pryor [1960] HCA 49

Downey v Pryor [1960] HCA 49

Section 215 of the Local Government Act 1919 (NSW) confers upon electors a right to inspect council books of account even in the absence of ordinances regulating how inspection is to occur; the right is not inchoate or dependent on prescription by ordinance, and by implication includes the right to take notes. The refusal by council officials to permit such inspection (or note-taking) is an error of law under s. 217.

Jurisdiction
Australia
Procedural Posture
Appeal / Appeal From Supreme Court of New South Wales, Heard in High Court of Australia
Outcome
Appeals allowed with costs.
Legal Topics
['statutory Interpretation' 'right of Inspection' 'local Government Act 1919 (nsw)' 'penalties Under Local Government Legislation']
['administrative Law' 'local Government Law'] ['statutory Interpretation' 'right of Inspection' 'local Government Act 1919 (nsw)' 'penalties Under Local Government Legislation']

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Procedural Posture

Appeal / Appeal From Supreme Court of New South Wales, Heard in High Court of Australia

Legal Issues

  1. 1 ['Whether s. 215 of the Local Government Act 1919 (NSW) confers a right to inspection of council accounts in the absence of a prescribing ordinance' 'Whether refusal to permit inspection constitutes an offence under s. 217' 'Whether the right of inspection includes the right to take notes or copies']

Ratio Decidendi

Section 215 of the Local Government Act 1919 (NSW) confers upon electors a right to inspect council books of account even in the absence of ordinances regulating how inspection is to occur; the right is not inchoate or dependent on prescription by ordinance, and by implication includes the right to take notes. The refusal by council officials to permit such inspection (or note-taking) is an error of law under s. 217.

Court Disposition

Appeals allowed with costs.

Orders

  • ['Order that each appeal to the High Court be allowed with costs;' 'Order of the Supreme Court in each matter set aside;' 'In lieu thereof order that each appeal to the Supreme Court be allowed with costs;' 'Determination of the magistrate in each matter set aside;' "Question stated by the magistrate ('whether his...