Morton v Walker [1916] HCA 50

Morton v Walker [1916] HCA 50

The certificate was not valid under sec. 13 as it certified to a matter of law ('nuisance requiring to be abated') and not to a finding of fact about the building's irregularities.

Parties
Applicant: Henry Edgar Morton; Respondent: Augustine William Walker
Jurisdiction
Australia
Judgment Date
11 September 1916
Procedural Posture
Application for Special Leave to Appeal / Decision on Special Leave to Appeal From the Supreme Court of Victoria
Outcome
Special leave to appeal refused.
Legal Topics
Statutory Construction, Nuisance, Building Certificates
Building Regulation Local Government Law Statutory Construction Nuisance Building Certificates

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Parties

Henry Edgar Morton

Applicant

Augustine William Walker

Respondent

Procedural Posture

Application for Special Leave to Appeal / Decision on Special Leave to Appeal From the Supreme Court of Victoria

Legal Issues

  1. 1 Whether a certificate by official referees stating that a building is a nuisance requiring abatement is a good certificate within the meaning of sec. 13 of the Melbourne Building Act 1849.

Ratio Decidendi

The certificate was not valid under sec. 13 as it certified to a matter of law ('nuisance requiring to be abated') and not to a finding of fact about the building's irregularities.

Court Disposition

Special leave to appeal refused.

Orders

  • Special leave to appeal is refused.