Gadsden v Gibbs [1920] HCA 4

Gadsden v Gibbs [1920] HCA 4

The Court held there was no reason to doubt the correctness of Mann J.'s decision that the gates constituted a 'structure' over the sewer under s 148, and so special leave to appeal was refused.

Parties
Applicant: Stanley Wilkinson Gadsden; Respondent: George Arthur Gibbs
Jurisdiction
Australia
Judgment Date
23 February 1920
Procedural Posture
Application for Special Leave to Appeal / Application for Special Leave to Appeal From the Supreme Court of Victoria
Outcome
Special leave to appeal refused.
Legal Topics
Meaning of 'structure' Under Statutory Provision, Erection of Gates Over Sewer, Melbourne and Metropolitan Board of Works Act 1915 (vict.) S 148
Local Government Statutory Interpretation Meaning of 'structure' Under Statutory Provision Erection of Gates Over Sewer Melbourne and Metropolitan Board of Works Act 1915 (vict.) S 148

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Parties

Stanley Wilkinson Gadsden

Applicant

George Arthur Gibbs

Respondent

Procedural Posture

Application for Special Leave to Appeal / Application for Special Leave to Appeal From the Supreme Court of Victoria

Legal Issues

  1. 1 Whether a double-gate erected over a sewer is a 'structure' within the meaning of s 148 of the Melbourne and Metropolitan Board of Works Act 1915 (Vict.)

Ratio Decidendi

The Court held there was no reason to doubt the correctness of Mann J.'s decision that the gates constituted a 'structure' over the sewer under s 148, and so special leave to appeal was refused.

Court Disposition

Special leave to appeal refused.

Orders

  • Special leave to appeal refused.