Weedon v Davidson [1907] HCA 2

Weedon v Davidson [1907] HCA 2

The High Court held that the transfer of powers under 6 Vict. No. 7 sec. 71 from Commissioners to the Melbourne City Council necessarily carried with it the incident of statutory exclusivity and penalty for selling outside designated markets, making the Council's appointed markets subject to the same legal incidents as if appointed by Commissioners. Consequently, selling marketable commodities in Melbourne outside market places appointed by the Council is a punishable offence under sec. 25 of the Markets Act 1890.

Parties
Appellant, Informant: Henry Weedon; Respondent, Defendant: Maurice Davidson
Jurisdiction
Australia
Judgment Date
13 March 1907
Procedural Posture
Appeal / Appeal From the Supreme Court of Victoria
Outcome
appeal allowed
Legal Topics
Penalty for Selling Outside Markets, Transfer of Powers From Commissioners to Council, Exclusive Market Rights, Statutory Monopoly
Markets Law Local Government Law Statutory Interpretation Penalty for Selling Outside Markets Transfer of Powers From Commissioners to Council Exclusive Market Rights Statutory Monopoly

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Parties

Henry Weedon

Appellant, Informant

Maurice Davidson

Respondent, Defendant

Procedural Posture

Appeal / Appeal From the Supreme Court of Victoria

Legal Issues

  1. 1 Does the prohibition under sec. 25 of the Markets Act 1890 apply in Melbourne where markets were appointed by the Council, not Commissioners?
  2. 2 Did the transfer of powers from Commissioners to the City Council include the authority to enforce penalties for sales outside market places?

Ratio Decidendi

The High Court held that the transfer of powers under 6 Vict. No. 7 sec. 71 from Commissioners to the Melbourne City Council necessarily carried with it the incident of statutory exclusivity and penalty for selling outside designated markets, making the Council's appointed markets subject to the same legal incidents as if appointed by Commissioners. Consequently, selling marketable commodities in Melbourne outside market places appointed by the Council is a punishable offence under sec. 25 of the Markets Act 1890.

Court Disposition

appeal allowed

Orders

  • Order of Hodges J. reversed.
  • Order nisi for review of conviction discharged, with costs.