Hall v Samuels

Hall v Samuels

Special leave to appeal was refused because the Court rejected the applicant's two principal grounds: s 75 of the Police Offences Act was not qualified by s 163 of the Local Government Act, and par 19 of s 3 of bylaw IX was valid and within the City Council of Adelaide's powers under the Local Government Act. No other matter called for the grant of special leave.

Jurisdiction
Australia
Procedural Posture
Application for Special Leave to Appeal / High Court of Australia Application for Special Leave to Appeal From a Judgment of the Full Court of the Supreme Court of South Australia
Outcome
Application for special leave to appeal dismissed. No order as to costs.
Legal Topics
['police Power of Arrest' 'validity of Local Government Bylaw' 'special Leave to Appeal']
['criminal Law' 'local Government Law'] ['police Power of Arrest' 'validity of Local Government Bylaw' 'special Leave to Appeal']

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 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Special Leave to Appeal / High Court of Australia Application for Special Leave to Appeal From a Judgment of the Full Court of the Supreme Court of South Australia

Legal Issues

  1. 1 ['Whether s 163 of the Local Government Act, 1934-1969 SA qualified s 75 of the Police Offences Act, 1953-1967 SA so that a police officer had no power to arrest a person found committing a breach of the Local Government Act or a bylaw except in conformity with s 163.' 'Whether par 19 of s 3 of bylaw IX made by the Council of the Corporation of the City of Adelaide was invalid as not being authorised by any relevant bylaw-making power in the Local Government Act.']

Ratio Decidendi

Special leave to appeal was refused because the Court rejected the applicant's two principal grounds: s 75 of the Police Offences Act was not qualified by s 163 of the Local Government Act, and par 19 of s 3 of bylaw IX was valid and within the City Council of Adelaide's powers under the Local Government Act. No other matter called for the grant of special leave.

Court Disposition

Application for special leave to appeal dismissed. No order as to costs.

Orders

  • ['Application for special leave to appeal dismissed.' 'No order as to costs.']