IAN BEER v SMITH'S OYSTER SERVICES PTY LIMITED [1990] NSWCA 22

IAN BEER v SMITH'S OYSTER SERVICES PTY LIMITED [1990] NSWCA 22

There was insufficient reason to doubt the correctness of Carruthers J's decision and the added circumstance that the legislation had been repealed meant leave to appeal should not be granted.

Parties
Applicant: Ian Beer; Respondent: Smith's Oyster Services Pty Limited
Jurisdiction
Australia
Judgment Date
25 June 1990
Procedural Posture
Application for Leave to Appeal / Court of Appeal Decision
Outcome
Application for leave to appeal dismissed with costs.
Legal Topics
Statutory Interpretation, Repealed Legislation, Definition of 'package'
Food Law Statutory Interpretation Repealed Legislation Definition of 'package'

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Parties

Ian Beer

Applicant

Smith's Oyster Services Pty Limited

Respondent

Procedural Posture

Application for Leave to Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether leave to appeal should be granted concerning interpretation of 'package' under the Pure Food Act 1908

Ratio Decidendi

There was insufficient reason to doubt the correctness of Carruthers J's decision and the added circumstance that the legislation had been repealed meant leave to appeal should not be granted.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.