Ex Parte Nelson (No 2) [1929] HCA 14

Ex Parte Nelson (No 2) [1929] HCA 14

The High Court held that either the case did not involve a question as to the limits inter se of Commonwealth and State powers under s 74, or, if it did, no special reasons were shown warranting the grant of a certificate for appeal to the Privy Council.

Parties
Applicant: Nelson; Respondent: Magistrate and Informants (including Oscar Ernest Edward Couch)
Jurisdiction
Australia
Judgment Date
31 May 1929
Procedural Posture
Motion for Certificate Under S 74 Constitution to Appeal to Privy Council / Post Conviction, Post Discharge of Rules Nisi, High Court Determination of Certificate Application
Outcome
Applications for certificates under s 74 Constitution refused.
Legal Topics
Limits Inter Se of Commonwealth and State Powers, Appeals to Privy Council, Freedom of Inter State Trade and Commerce
Constitutional Law Limits Inter Se of Commonwealth and State Powers Appeals to Privy Council Freedom of Inter State Trade and Commerce

Case Brief

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Parties

Nelson

Applicant

Magistrate and Informants (including Oscar Ernest Edward Couch)

Respondent

Procedural Posture

Motion for Certificate Under S 74 Constitution to Appeal to Privy Council / Post Conviction, Post Discharge of Rules Nisi, High Court Determination of Certificate Application

Legal Issues

  1. 1 Whether the decision in Ex parte Nelson (No. 1) involved a question as to the limits inter se of the constitutional powers of the Commonwealth and the State of New South Wales under s 74 of the Constitution
  2. 2 Whether there are special reasons to grant a certificate for appeal to the Privy Council under s 74 Constitution

Ratio Decidendi

The High Court held that either the case did not involve a question as to the limits inter se of Commonwealth and State powers under s 74, or, if it did, no special reasons were shown warranting the grant of a certificate for appeal to the Privy Council.

Court Disposition

Applications for certificates under s 74 Constitution refused.

Orders

  • Applications for certificates refused.