Mackellar County Council v Jones [1967] HCA 36

Mackellar County Council v Jones [1967] HCA 36

Section 580 of the Local Government Act does not apply to county councils unless expressly mentioned or applied by ordinance, due to the operation and structure of sections 564(4)(a) and 573(2), which indicate the legislative intention to limit such applicability to provisions expressly provided for.

Jurisdiction
Australia
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
['applicability of Statutory Provisions to County Councils' 'common Law Rights and Statutory Limitation']
['local Government Law' 'statutory Interpretation'] ['applicability of Statutory Provisions to County Councils' 'common Law Rights and Statutory Limitation']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Does section 580 of the Local Government Act, 1919-1959 (NSW) apply to county councils constituted under Part XXIX of the Act?' 'Does section 564(4)(a) of the Act operate to extend the application of section 580 to county councils?']

Ratio Decidendi

Section 580 of the Local Government Act does not apply to county councils unless expressly mentioned or applied by ordinance, due to the operation and structure of sections 564(4)(a) and 573(2), which indicate the legislative intention to limit such applicability to provisions expressly provided for.

Court Disposition

appeal dismissed

Orders

  • ['Appeal dismissed with costs.']