Lee Fay v Vincent [1908] HCA 70

Lee Fay v Vincent [1908] HCA 70

Section 117 of the Constitution does not apply, as the person in question was resident in Western Australia; the meaning of 'factory' in the Act is not a question of federal jurisdiction and is for the Supreme Court to determine.

Parties
Appellant: Lee Fay; Respondent: Vincent
Jurisdiction
Australia
Judgment Date
06 November 1908
Procedural Posture
Criminal / Case Stated Reserved for High Court, Remitted to Supreme Court
Outcome
Case remitted to the Supreme Court for determination; appellant to pay costs of appeal.
Legal Topics
Discrimination Between Residents of Different States, Meaning of 'factory' in Factories Act, Section 117 of Constitution, Federal Jurisdiction
Constitutional Law Statutory Interpretation Criminal Law Discrimination Between Residents of Different States Meaning of 'factory' in Factories Act Section 117 of Constitution Federal Jurisdiction

Case Brief

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Parties

Lee Fay

Appellant

Vincent

Respondent

Procedural Posture

Criminal / Case Stated Reserved for High Court, Remitted to Supreme Court

Legal Issues

  1. 1 Whether sec. 46 of the Factories Act 1904 discriminates between residents of different States contrary to sec. 117 of the Constitution
  2. 2 Whether 'factory' in sec. 46 includes factories outside Western Australia
  3. 3 Whether the High Court has jurisdiction to determine the construction of the Factories Act 1904

Ratio Decidendi

Section 117 of the Constitution does not apply, as the person in question was resident in Western Australia; the meaning of 'factory' in the Act is not a question of federal jurisdiction and is for the Supreme Court to determine.

Court Disposition

Case remitted to the Supreme Court for determination; appellant to pay costs of appeal.

Orders

  • Case remitted to the Supreme Court for determination.
  • Appellant to pay costs of appeal.