Mackay v Davies [1904] HCA 20

Mackay v Davies [1904] HCA 20

Section 15 of the Cattle Slaughtering and Diseased Animals and Meat Act, 1902, uses 'cattle' in its ordinary sense, referring only to horned cattle, and does not include sheep and pigs; thus, inspection fees under this section are not recoverable for sheep and pigs.

Parties
Appellant: Mackay; Respondent: Davies
Jurisdiction
Australia
Judgment Date
29 August 1904
Procedural Posture
Appeal / Appeal From the Supreme Court of New South Wales
Outcome
appeal allowed
Legal Topics
Interpretation of Statutory Terms, Fees for Inspection of Cattle, Scope of Animal Control Statutes
Statutory Interpretation Administrative Law Interpretation of Statutory Terms Fees for Inspection of Cattle Scope of Animal Control Statutes

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 22 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mackay

Appellant

Davies

Respondent

Procedural Posture

Appeal / Appeal From the Supreme Court of New South Wales

Legal Issues

  1. 1 Whether sheep and pigs are included within the meaning of 'cattle' in section 15 of the Cattle Slaughtering and Diseased Animals and Meat Act, 1902
  2. 2 Whether charges for inspection of sheep and pigs under section 15 are legally recoverable

Ratio Decidendi

Section 15 of the Cattle Slaughtering and Diseased Animals and Meat Act, 1902, uses 'cattle' in its ordinary sense, referring only to horned cattle, and does not include sheep and pigs; thus, inspection fees under this section are not recoverable for sheep and pigs.

Court Disposition

appeal allowed

Orders

  • Order of the Supreme Court discharging the rule nisi for prohibition set aside.
  • Rule nisi made absolute with costs, so far as the order of the justices relates to charges in respect of sheep and pigs.