Mathews v Burns [1918] HCA 38

Mathews v Burns [1918] HCA 38

Special leave to appeal refused; the Supreme Court correctly discharged the rule nisi for prohibition as the Magistrate had jurisdiction to order imprisonment in default of payment under the relevant statutes.

Parties
Appellant: Mathews; Respondent: Burns
Jurisdiction
Australia
Judgment Date
12 August 1918
Procedural Posture
Application for Special Leave to Appeal / Application for Special Leave to Appeal From Supreme Court Decision
Outcome
special leave to appeal refused
Legal Topics
Recovery of Dues, Imprisonment in Default of Payment, Jurisdiction of Court, Commonwealth Conciliation and Arbitration Act, Small Debts Recovery Act, Justices Act
Industrial Arbitration Employment Law Recovery of Dues Imprisonment in Default of Payment Jurisdiction of Court Commonwealth Conciliation and Arbitration Act Small Debts Recovery Act Justices Act

Case Brief

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Parties

Mathews

Appellant

Burns

Respondent

Procedural Posture

Application for Special Leave to Appeal / Application for Special Leave to Appeal From Supreme Court Decision

Legal Issues

  1. 1 Whether a magistrate sitting as a Court of Petty Sessions has jurisdiction to order imprisonment in default of payment for union dues under the Commonwealth Conciliation and Arbitration Act
  2. 2 Whether the proceedings should have been instituted under the Small Debts Recovery Act 1912 (N.S.W.)
  3. 3 Whether the Central Police Court constituted by a Stipendiary Magistrate is a Court of summary jurisdiction within sec. 68 of the Arbitration Act

Ratio Decidendi

Special leave to appeal refused; the Supreme Court correctly discharged the rule nisi for prohibition as the Magistrate had jurisdiction to order imprisonment in default of payment under the relevant statutes.

Court Disposition

special leave to appeal refused

Orders

  • special leave to appeal refused