Moore v Commonwealth [1958] HCA 53

Moore v Commonwealth [1958] HCA 53

The demurrer did not in fact raise a question as to the limits inter se of constitutional powers of the Commonwealth and the States; rather, the issue was one of statutory interpretation as to whether State law applies to the Commonwealth. Therefore, the High Court had no jurisdiction and the matter was to be remitted to the Supreme Court of New South Wales.

Parties
Plaintiff: Patrick Herbert Freyne Moore; Defendant: The Commonwealth of Australia
Jurisdiction
Australia
Procedural Posture
Demurrer in an Action for Damages for Personal Injuries / Removed Demurrer From Full Court of the Supreme Court of New South Wales to the High Court; Remitted Back to the Supreme Court
Outcome
Cause remitted to Supreme Court of New South Wales
Legal Topics
Application of State Law to Commonwealth, Factories and Shops Act, Federal Jurisdiction, Demurrer Procedures
Constitutional Law Statutory Interpretation Torts Application of State Law to Commonwealth Factories and Shops Act Federal Jurisdiction Demurrer Procedures

Case Brief

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Parties

Patrick Herbert Freyne Moore

Plaintiff

The Commonwealth of Australia

Defendant

Procedural Posture

Demurrer in an Action for Damages for Personal Injuries / Removed Demurrer From Full Court of the Supreme Court of New South Wales to the High Court; Remitted Back to the Supreme Court

Legal Issues

  1. 1 Whether the Factories and Shops Act 1912-1954 (N.S.W.), s. 25(2)(a), applies to and binds the Commonwealth as occupier of a factory
  2. 2 Whether the demurrer raises a question as to the limits inter se of constitutional powers of the Commonwealth and of the State

Ratio Decidendi

The demurrer did not in fact raise a question as to the limits inter se of constitutional powers of the Commonwealth and the States; rather, the issue was one of statutory interpretation as to whether State law applies to the Commonwealth. Therefore, the High Court had no jurisdiction and the matter was to be remitted to the Supreme Court of New South Wales.

Court Disposition

Cause remitted to Supreme Court of New South Wales

Orders

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