Le Broboue v Mason [1956] HCA 78

Le Broboue v Mason [1956] HCA 78

Special leave was refused because the challenged construction in Rowland v. Leslie-Rounding had already been the subject of a refused special leave application, the provision was capable of involving penal consequences, that decision had doubtless been acted upon, the policy attributed to the legislature by that construction was definite and reasonable, and the competing interpretations involved imperfectly expressed and unsatisfactory alternatives which the Court should not undertake anew to choose between.

Jurisdiction
Australia
Procedural Posture
Application for Special Leave to Appeal / Application to the High Court of Australia From an Order of the Full Court of the Supreme Court of New South Wales Confirming a Magistrate's Dismissal of an Information for an Offence
Outcome
Application refused.
Legal Topics
['special Leave to Appeal' 'prescribed Premises' 'special Premises' 'leave and Licence' 'lessee and Licensee' 'interference With Use or Enjoyment of Premises' 'penal Statutory Provisions']
['landlord and Tenant' 'criminal Law' 'statutory Interpretation'] ['special Leave to Appeal' 'prescribed Premises' 'special Premises' 'leave and Licence' 'lessee and Licensee' 'interference With Use or Enjoyment of Premises' 'penal Statutory Provisions']

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Procedural Posture

Application for Special Leave to Appeal / Application to the High Court of Australia From an Order of the Full Court of the Supreme Court of New South Wales Confirming a Magistrate's Dismissal of an Information for an Offence

Legal Issues

  1. 1 ["Whether special leave should be granted to challenge the Full Court of the Supreme Court of New South Wales' interpretation of s. 6A (3) (a) of the Landlord and Tenant (Amendment) Act 1948-1954." 'Whether a licensee occupying a room in a private hotel should be deemed a lessee for the purposes of s. 81 (1) where the room formed part of premises held under a lease by the hotel proprietors.' 'Whether s. 6A (3) (a) applies only where the licensed premises themselves had previously been the subject of a lease, or also where the premises of which they form part had been the subject of a lease.']

Ratio Decidendi

Special leave was refused because the challenged construction in Rowland v. Leslie-Rounding had already been the subject of a refused special leave application, the provision was capable of involving penal consequences, that decision had doubtless been acted upon, the policy attributed to the legislature by that construction was definite and reasonable, and the competing interpretations involved imperfectly expressed and unsatisfactory alternatives which the Court should not undertake anew to choose between.

Court Disposition

Application refused.

Orders

  • ['Application refused.']