Spencer Investments Pty Ltd v Evans [1954] HCA 30

Spencer Investments Pty Ltd v Evans [1954] HCA 30

No permanent restriction upon the Licensing Court's power to grant a grocer's licence arises from a resolution for reduction adopted at a local option poll under repealed legislation, as s. 288 of the Licensing Act 1928 exclusively prescribes the maximum number. Neither s. 2 of the Licensing Act 1928 nor s. 6(2)(b) of the Acts Interpretation Act operate to maintain the poll's effect after repealed provisions ceased to exist. The appeal was allowed as the Licensing Court was not prevented by earlier poll or order from granting the licence.

Jurisdiction
Australia
Procedural Posture
Appeal / High Court Determination Following Appeal From Supreme Court of Victoria
Outcome
Appeal allowed
Legal Topics
["grocer's Licence" 'licensing Court Powers' 'local Option Poll' 'statutory Interpretation']
['administrative Law' 'liquor Licensing'] ["grocer's Licence" 'licensing Court Powers' 'local Option Poll' 'statutory Interpretation']

Case Brief

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Procedural Posture

Appeal / High Court Determination Following Appeal From Supreme Court of Victoria

Legal Issues

  1. 1 ["Does a resolution for reduction from a 1920 local option poll permanently limit the Licensing Court's power to grant grocer's licences under the Licensing Act 1928?" 'Does s. 2 of the Licensing Act 1928 preserve the effect of local option polls under earlier legislation?' "Does s. 6(2)(b) of the Acts Interpretation Act 1928 affect the Licensing Court's power to grant a licence after repeal of prior provisions?" "Does s. 288 of the Licensing Act 1928 exclusively determine the maximum number of grocer's licences in a district?"]

Ratio Decidendi

No permanent restriction upon the Licensing Court's power to grant a grocer's licence arises from a resolution for reduction adopted at a local option poll under repealed legislation, as s. 288 of the Licensing Act 1928 exclusively prescribes the maximum number. Neither s. 2 of the Licensing Act 1928 nor s. 6(2)(b) of the Acts Interpretation Act operate to maintain the poll's effect after repealed provisions ceased to exist. The appeal was allowed as the Licensing Court was not prevented by earlier poll or order from granting the licence.

Court Disposition

Appeal allowed

Orders

  • ['Order of the Supreme Court of Victoria discharged' 'Determination of the Licensing Court affirmed' 'Matter remitted to the Licensing Court to exercise its discretion to extend the period for fulfilment of condition for licence issue' 'Respondents to pay the costs of the appeal to the High Court and case stated for...