Moore v Commonwealth [1958] HCA 53

Moore v Commonwealth [1958] HCA 53

The demurrer did not raise a real question concerning the limits inter se of Commonwealth and State constitutional powers. The issue was one of statutory interpretation concerning the interaction of the Judiciary Act and the Factories and Shops Act 1912-1954 N.S.W. Because s. 40A was not engaged, the High Court had no jurisdiction or seisin of the cause and the matter had to be remitted to the Supreme Court of New South Wales.

Jurisdiction
Australia
Procedural Posture
Action Against the Commonwealth Under Pt. IX of the Judiciary Act 1903 1955 for Workplace Injury, Including Demurrer to Two Counts / High Court Consideration of a Supposed Removal From the Supreme Court of New South Wales Under S. 40 a of the Judiciary Act
Outcome
Cause remitted to the Supreme Court of New South Wales to be dealt with according to law.
Legal Topics
['limits Inter Se of Constitutional Powers' 'removal to the High Court' 'remitter' 'commonwealth Liability Under State Factory Legislation' 'demurrer']
['constitutional Law' 'federal Jurisdiction' 'statutory Interpretation' 'torts' 'workplace Injury'] ['limits Inter Se of Constitutional Powers' 'removal to the High Court' 'remitter' 'commonwealth Liability Under State Factory Legislation' 'demurrer']

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Procedural Posture

Action Against the Commonwealth Under Pt. IX of the Judiciary Act 1903 1955 for Workplace Injury, Including Demurrer to Two Counts / High Court Consideration of a Supposed Removal From the Supreme Court of New South Wales Under S. 40 a of the Judiciary Act

Legal Issues

  1. 1 ['Whether the demurrer raised a question as to the limits inter se of the constitutional powers of the Commonwealth and the State.' 'Whether the High Court had jurisdiction over the cause following the supposed operation of s. 40A of the Judiciary Act.' "Whether the plaintiff's reliance on ss. 64 and 79 of the Judiciary Act and s. 25(2)(a) of the Factories and Shops Act 1912-1954 N.S.W. involved constitutional power limits or only statutory interpretation."]

Ratio Decidendi

The demurrer did not raise a real question concerning the limits inter se of Commonwealth and State constitutional powers. The issue was one of statutory interpretation concerning the interaction of the Judiciary Act and the Factories and Shops Act 1912-1954 N.S.W. Because s. 40A was not engaged, the High Court had no jurisdiction or seisin of the cause and the matter had to be remitted to the Supreme Court of New South Wales.

Court Disposition

Cause remitted to the Supreme Court of New South Wales to be dealt with according to law.

Orders

  • ['Cause remitted to the Supreme Court of New South Wales to be dealt with according to law.']