Place v Thompson [1949] HCA 35

Place v Thompson [1949] HCA 35

An order by the Licensing Court conditionally granting removal of a licence is an adjudication whereby an application for the removal of a licence is granted, and s. 170 (5)(a) precludes an appeal to Quarter Sessions from such an order, allowing only an appeal by way of prohibition or special case.

Parties
Applicant: Herbert Place; Respondents/objectors: Richard Thompson and others
Jurisdiction
Australia
Procedural Posture
Appeal / Appeal From Supreme Court of New South Wales to High Court of Australia
Outcome
appeal allowed
Legal Topics
Publican's Licence Removal, Jurisdiction of Appellate Review, Statutory Interpretation
Liquor Licensing Law Administrative Law Publican's Licence Removal Jurisdiction of Appellate Review Statutory Interpretation

Case Brief

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Parties

Herbert Place

Applicant

Richard Thompson and others

Respondents/objectors

Procedural Posture

Appeal / Appeal From Supreme Court of New South Wales to High Court of Australia

Legal Issues

  1. 1 Whether an appeal lies to Quarter Sessions from an order conditionally granting removal of a publican's licence under s. 39a of the Liquor Act 1912-1946 (N.S.W.)
  2. 2 Whether such order is an adjudication whereby an application for the removal of a licence is granted or refused such that s. 170 (5) precludes appeal except by prohibition or special case

Ratio Decidendi

An order by the Licensing Court conditionally granting removal of a licence is an adjudication whereby an application for the removal of a licence is granted, and s. 170 (5)(a) precludes an appeal to Quarter Sessions from such an order, allowing only an appeal by way of prohibition or special case.

Court Disposition

appeal allowed

Orders

  • Order of the Supreme Court set aside
  • Rule nisi for a mandamus discharged with costs to the appellant