R v Rhys Jones Mactaggart and Burch Limited [1915] HCA 50

R v Rhys Jones Mactaggart and Burch Limited [1915] HCA 50

The Crown did not become a party to the proceedings by virtue of the Supreme Court's order granting leave to intervene and had no right to intervene or appeal either as guardian of public rights or under section 46 of the Industrial Peace Act 1912 (Qld.). Therefore, it was not entitled to appeal to the High Court. Special leave to appeal should not be granted to the Judge of the Industrial Court.

Parties
Appellant: The King; Respondents: Rhys Jones Mactaggart & Burch Ltd. and Others
Jurisdiction
Australia
Judgment Date
05 August 1915
Procedural Posture
Appeal / Application for Special Leave to Appeal to High Court From Supreme Court of Queensland
Outcome
Special leave to appeal rescinded. Motion by Judge for special leave to appeal refused.
Legal Topics
Intervention by Crown, Locus Standi, Special Leave to Appeal, Industrial Awards, Public Interest
Industrial Law Administrative Law Intervention by Crown Locus Standi Special Leave to Appeal Industrial Awards Public Interest

Case Brief

Summary, issues, holding and outcome

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Parties

The King

Appellant

Rhys Jones Mactaggart & Burch Ltd. and Others

Respondents

Procedural Posture

Appeal / Application for Special Leave to Appeal to High Court From Supreme Court of Queensland

Legal Issues

  1. 1 Whether the Crown is a competent appellant before the High Court after being allowed to intervene by the Supreme Court in an industrial matter
  2. 2 Whether special leave to appeal should be granted to the Crown or to the Judge of the Industrial Court

Ratio Decidendi

The Crown did not become a party to the proceedings by virtue of the Supreme Court's order granting leave to intervene and had no right to intervene or appeal either as guardian of public rights or under section 46 of the Industrial Peace Act 1912 (Qld.). Therefore, it was not entitled to appeal to the High Court. Special leave to appeal should not be granted to the Judge of the Industrial Court.

Court Disposition

Special leave to appeal rescinded. Motion by Judge for special leave to appeal refused.

Orders

  • By consent, Crown to pay respondents' costs.