Saunders v Borthistle [1904] HCA 13

Saunders v Borthistle [1904] HCA 13

A person in charge of sheep travelling less than forty miles from their run is not a drover in charge of 'travelling stock' within sec. 97 of the Pastures Protection Act, 1902 and is not required to produce a travelling statement; the appeal to the High Court lies from a judgment of a Judge in Chambers as such a judgment is a judgment of the Supreme Court under sec. 73 of the Constitution.

Parties
Appellant: Saunders; Respondent: Borthistle
Jurisdiction
Australia
Judgment Date
22 June 1904
Procedural Posture
Statutory Appeal (criminal/penal) / Appeal From Supreme Court of New South Wales to High Court of Australia
Outcome
appeal allowed
Legal Topics
Appeals, Jurisdiction, Interpretation of Penal Statutes, Pastures Protection Act Application
Statutory Interpretation Criminal Procedure Appeals Jurisdiction Interpretation of Penal Statutes Pastures Protection Act Application

Case Brief

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Parties

Saunders

Appellant

Borthistle

Respondent

Procedural Posture

Statutory Appeal (criminal/penal) / Appeal From Supreme Court of New South Wales to High Court of Australia

Legal Issues

  1. 1 Whether a person in charge of sheep travelling less than forty miles must produce a 'travelling statement' under sec. 97 of the Pastures Protection Act, 1902
  2. 2 Whether the decision of a Judge in Chambers is a judgment of the Supreme Court for the purposes of appeal to the High Court under sec. 73 of the Constitution

Ratio Decidendi

A person in charge of sheep travelling less than forty miles from their run is not a drover in charge of 'travelling stock' within sec. 97 of the Pastures Protection Act, 1902 and is not required to produce a travelling statement; the appeal to the High Court lies from a judgment of a Judge in Chambers as such a judgment is a judgment of the Supreme Court under sec. 73 of the Constitution.

Court Disposition

appeal allowed

Orders

  • Order of Pring, J., reversed
  • Magistrate's dismissal of the information restored