Hendy v Rider [1919] HCA 1

Hendy v Rider [1919] HCA 1

The business of dealing in bottles and old metals is a business usually carried on in or connected with marine stores within the meaning of sec. 286 of the Health Act 1915 (Vic), so carrying on that business without local council consent is an offence, even if not conducted offensively, and thus the order to review was properly made absolute.

Parties
Appellant: Hendy; Respondent: Rider
Jurisdiction
Australia
Judgment Date
07 March 1919
Procedural Posture
Appeal / High Court of Australia on Appeal From the Supreme Court of Victoria
Outcome
Appeal dismissed with costs.
Legal Topics
Offensive Trades, Statutory Interpretation, Local Government Consent, Marine Stores
Public Health Law Offensive Trades Statutory Interpretation Local Government Consent Marine Stores

Case Brief

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Parties

Hendy

Appellant

Rider

Respondent

Procedural Posture

Appeal / High Court of Australia on Appeal From the Supreme Court of Victoria

Legal Issues

  1. 1 Whether the business of dealing in bottles and old metals is a business usually carried on in or connected with marine stores within the meaning of sec. 286 of the Health Act 1915 (Vic) even if not conducted offensively
  2. 2 Whether consent of the local council is required to carry on such a business

Ratio Decidendi

The business of dealing in bottles and old metals is a business usually carried on in or connected with marine stores within the meaning of sec. 286 of the Health Act 1915 (Vic), so carrying on that business without local council consent is an offence, even if not conducted offensively, and thus the order to review was properly made absolute.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.