Sweeney v Fitzhardinge [1906] HCA 73

Sweeney v Fitzhardinge [1906] HCA 73

The Liquor (Amendment) Act 1905 is to be read as part of the Liquor Act 1898 by virtue of sec. 12 of the Interpretation Act 1897. Therefore, appeals from Licensing Court decisions relating to club registration may be made to the Quarter Sessions under sec. 108 of the principal Act. Such appeals are by way of rehearing, with the court entitled to receive fresh evidence, unless the statute expressly states otherwise.

Parties
Appellant: Sweeney; Respondents: Fitzhardinge and Others (including respondents Wynn and Burrows)
Jurisdiction
Australia
Judgment Date
27 November 1906
Procedural Posture
Appeal / Appeal to the High Court of Australia From the Supreme Court of New South Wales
Outcome
Appeal dismissed
Legal Topics
Appeals From Licensing Court, Statutory Construction of Amending Acts, Jurisdiction of Quarter Sessions, Procedural Practice on Appeal
Administrative Law Statutory Interpretation Liquor Licensing Appeals From Licensing Court Statutory Construction of Amending Acts Jurisdiction of Quarter Sessions Procedural Practice on Appeal

Case Brief

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Parties

Sweeney

Appellant

Fitzhardinge and Others (including respondents Wynn and Burrows)

Respondents

Procedural Posture

Appeal / Appeal to the High Court of Australia From the Supreme Court of New South Wales

Legal Issues

  1. 1 1. Whether an appeal lies to Quarter Sessions from the grant of registration of a club by a Licensing Court under the Liquor (Amendment) Act 1905.
  2. 2 2. If an appeal lies, whether it is by way of rehearing, allowing fresh evidence.

Ratio Decidendi

The Liquor (Amendment) Act 1905 is to be read as part of the Liquor Act 1898 by virtue of sec. 12 of the Interpretation Act 1897. Therefore, appeals from Licensing Court decisions relating to club registration may be made to the Quarter Sessions under sec. 108 of the principal Act. Such appeals are by way of rehearing, with the court entitled to receive fresh evidence, unless the statute expressly states otherwise.

Court Disposition

Appeal dismissed

Orders

  • Appellant to pay one set of costs to respondents Wynn and Burrows