Shepherd v New South Wales [1957] HCA 52

Shepherd v New South Wales [1957] HCA 52

Section 27 of the Transport (Division of Functions) Act 1932-1956, whether in original or amended form, does not apply to actions against the State of New South Wales because the word 'person' does not include the State, and any part of s. 27 seeking to bar such actions that arose before 13th September 1955 is...

Source-derived case information.

Jurisdiction
Australia
Procedural Posture
Special Case Stated (order 35, Rule 1, High Court) / Questions of Law on Case Stated Before Full Court
Outcome
Questions answered for special case—plaintiff not barred from recovering moneys by s. 27; costs of special case to be paid by defendant.
Legal Topics
['s 92 of the Constitution' "construction of 'person' in State Legislation" 'recovery of Moneys Paid Under State Licensing Scheme' 'application of Limitation/protective Statutes to State']
['constitutional Law' 'administrative Law'] ['s 92 of the Constitution' "construction of 'person' in State Legislation" 'recovery of Moneys Paid Under State Licensing Scheme' 'application of Limitation/protective Statutes to State']

Source-derived case record

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Procedural Posture

Special Case Stated (order 35, Rule 1, High Court) / Questions of Law on Case Stated Before Full Court

Legal Issues

  1. 1 ['Validity of section 27 of the Transport (Division of Functions) Act 1932-1956 as affected by s. 92 of the Constitution' "Whether provision protecting 'person' from actions applies to State of New South Wales" 'Whether plaintiff is barred from recovering under s. 27']

Ratio Decidendi

Section 27 of the Transport (Division of Functions) Act 1932-1956, whether in original or amended form, does not apply to actions against the State of New South Wales because the word 'person' does not include the State, and any part of s. 27 seeking to bar such actions that arose before 13th September 1955 is invalid by virtue of s. 92 of the Constitution.

Court Disposition

Questions answered for special case—plaintiff not barred from recovering moneys by s. 27; costs of special case to be paid by defendant.

Orders

  • ['By reason of s. 92 of the Constitution so much of s. 27 is invalid as is enacted by s. 5 of Act No. 16 of 1956 in so far as it applies to causes of action arising as a result of the operation of s. 92 on the State Transport (Co-ordination) Acts, confined to causes accrued before 13th September 1955.' "Section 27...