R v Murray; Ex parte Proctor [1949] HCA 10

R v Murray; Ex parte Proctor [1949] HCA 10

Regulation 13(2) expressly makes the presence of a quorum a condition precedent to the valid exercise of power by the Board; in the absence of a quorum, the Board’s decision is void and not protected by the privative clause in regulation 17.

Parties
Prosecutor: The King; Respondent: Murray; Respondent: Millar; Respondent: Tucker; Respondent: Caldwell; Respondent: Queensland Colliery Employees' Union; Prosecutor: William Curl Proctor; Prosecutor: Arthur Henry Proctor; Prosecutor: Archibald Herbert Yates
Jurisdiction
Australia
Procedural Posture
Application for Prohibition / Order Nisi for Prohibition—final Judgment on Application
Outcome
Order nisi for prohibition made absolute as against all respondents except Caldwell.
Legal Topics
Quorum of Statutory Tribunal, Jurisdictional Error, Effect of Privative Clauses, Writ of Prohibition, Constitution S 75(v)
Industrial Law Administrative Law Constitutional Law Quorum of Statutory Tribunal Jurisdictional Error Effect of Privative Clauses Writ of Prohibition Constitution S 75(v)

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Parties

The King

Prosecutor

Murray

Respondent

Millar

Respondent

Tucker

Respondent

Caldwell

Respondent

Queensland Colliery Employees' Union

Respondent

William Curl Proctor

Prosecutor

Arthur Henry Proctor

Prosecutor

Archibald Herbert Yates

Prosecutor

Procedural Posture

Application for Prohibition / Order Nisi for Prohibition—final Judgment on Application

Legal Issues

  1. 1 Whether the Local Reference Board was validly constituted when making its order on 7 December 1948
  2. 2 Whether the absence of a quorum rendered the Board's decision void
  3. 3 Whether regulation 17 of the National Security (Coal Mining Industry Employment) Regulations excludes prohibition where there is a jurisdictional error

Ratio Decidendi

Regulation 13(2) expressly makes the presence of a quorum a condition precedent to the valid exercise of power by the Board; in the absence of a quorum, the Board’s decision is void and not protected by the privative clause in regulation 17.

Court Disposition

Order nisi for prohibition made absolute as against all respondents except Caldwell.

Orders

  • Order absolute for writ of prohibition against all respondents other than Caldwell.
  • Costs to be paid by the respondent union.