Municipal Tramways Trust v Scott [1919] HCA 46

Municipal Tramways Trust v Scott [1919] HCA 46

The conduct of the plaintiff in refusing to give his name and address did not constitute obstruction of the servants of the defendant Trust in the performance of their duties, and the seizure and detention were not justified under the Act or by-laws.

Parties
Appellant: Municipal Tramways Trust; Appellant: Edward John Turver; Appellant: Thomas William Edward Lang; Appellant: Albert Edward Ovenden; Respondent: William Charles Scott
Jurisdiction
Australia
Judgment Date
30 September 1919
Procedural Posture
Appeal / On Appeal From the Supreme Court of South Australia; Judgment of High Court
Outcome
Appeal dismissed with costs
Legal Topics
Assault, Justification, Interpretation of Statutory and by Law Provisions, Obstruction of Duty
Tort Law Transport Law Assault Justification Interpretation of Statutory and by Law Provisions Obstruction of Duty

Case Brief

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Parties

Municipal Tramways Trust

Appellant

Edward John Turver

Appellant

Thomas William Edward Lang

Appellant

Albert Edward Ovenden

Appellant

William Charles Scott

Respondent

Procedural Posture

Appeal / On Appeal From the Supreme Court of South Australia; Judgment of High Court

Legal Issues

  1. 1 Whether refusal by a passenger to give name and address constitutes obstruction of tramway official in performance of duty under Municipal Tramways Trust Act 1906 (S.A.) section 95
  2. 2 Whether such refusal justifies seizure and detention under section 96

Ratio Decidendi

The conduct of the plaintiff in refusing to give his name and address did not constitute obstruction of the servants of the defendant Trust in the performance of their duties, and the seizure and detention were not justified under the Act or by-laws.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellants to pay costs