Plunkett v Smith [1911] HCA 58

Plunkett v Smith [1911] HCA 58

The Municipal Council had no power under the Municipalities Act 1906 to make by-laws regulating the structure or material of roofs or fascias, except as regards the covering of roofs, as the Act specifically provides only for covering materials and not for other structural components. The by-law in question was ultra vires.

Parties
Appellant: Thomas Plunkett; Respondent: William Smith
Jurisdiction
Australia
Judgment Date
24 October 1911
Procedural Posture
Appeal / High Court Appeal From Supreme Court of Western Australia
Outcome
Appeal allowed
Legal Topics
Municipal by Laws, Ultra Vires, Statutory Interpretation, Building Regulation
Local Government Law Administrative Law Municipal by Laws Ultra Vires Statutory Interpretation Building Regulation

Case Brief

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Parties

Thomas Plunkett

Appellant

William Smith

Respondent

Procedural Posture

Appeal / High Court Appeal From Supreme Court of Western Australia

Legal Issues

  1. 1 Whether the Municipal Council of Leaderville had power under the Municipalities Act 1906 (WA) to make a by-law regulating the use of inflammable materials in fascias or eaves within a specified distance from a property boundary
  2. 2 Whether the by-law was unreasonable or ultra vires

Ratio Decidendi

The Municipal Council had no power under the Municipalities Act 1906 to make by-laws regulating the structure or material of roofs or fascias, except as regards the covering of roofs, as the Act specifically provides only for covering materials and not for other structural components. The by-law in question was ultra vires.

Court Disposition

Appeal allowed

Orders

  • Judgment appealed from discharged
  • Appeal from Police Magistrate allowed with costs