Evans v Donaldson [1909] HCA 46

Evans v Donaldson [1909] HCA 46

The office of Inspector of Weights and Measures is a statutory public office held during life or good behaviour, not at pleasure. Dismissal is only possible by justices in Petty Sessions for cause and after due inquiry, not at Government direction. The justices' failure to exercise independent judgment and afford proper process amounted to a denial of natural justice. Certiorari lies to quash such an order.

Parties
Applicant: Evans; Respondents: Donaldson and others
Jurisdiction
Australia
Judgment Date
09 August 1909
Procedural Posture
Appeal / On Appeal From the Supreme Court of New South Wales on Application for Certiorari
Outcome
Appeal allowed
Legal Topics
Tenure of Public Office, Removal of Public Officers, Natural Justice, Certiorari, Justices in Petty Sessions, Weights and Measures Act, Audit Act, Constitution Act
Administrative Law Public Service Law Tenure of Public Office Removal of Public Officers Natural Justice Certiorari Justices in Petty Sessions Weights and Measures Act +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 23 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Evans

Applicant

Donaldson and others

Respondents

Procedural Posture

Appeal / On Appeal From the Supreme Court of New South Wales on Application for Certiorari

Legal Issues

  1. 1 What is the nature and tenure of the office of Inspector of Weights and Measures under the relevant Acts?
  2. 2 Does the Government have the power to dismiss an inspector, or is this power reserved to the justices in Petty Sessions?
  3. 3 Does a writ of certiorari lie to review the decision of justices in removing the inspector?

Ratio Decidendi

The office of Inspector of Weights and Measures is a statutory public office held during life or good behaviour, not at pleasure. Dismissal is only possible by justices in Petty Sessions for cause and after due inquiry, not at Government direction. The justices' failure to exercise independent judgment and afford proper process amounted to a denial of natural justice. Certiorari lies to quash such an order.

Court Disposition

Appeal allowed

Orders

  • Order of the Supreme Court discharged
  • Rule absolute for certiorari granted