Trustees Executors & Agency Co Ltd v Gleeson [1959] HCA 53

Trustees Executors & Agency Co Ltd v Gleeson [1959] HCA 53

The inserted words "after the commencement of this Act" were perfectly plain in context and, when inserted into s. 19 of the Licensing Act 1928, referred to the commencement of the Licensing Act 1928, not the Licensing (Fees) Act 1951. The considerations based on retrospectivity and policy could not overcome that meaning, so the appeal failed.

Jurisdiction
Australia
Procedural Posture
Appeal / High Court of Australia Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
["victualler's Licence Fees" 'lease Terms' 'retrospectivity' 'construction of Amending Legislation']
['licensing Law' 'statutory Interpretation' 'property Law'] ["victualler's Licence Fees" 'lease Terms' 'retrospectivity' 'construction of Amending Legislation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / High Court of Australia Judgment

Legal Issues

  1. 1 ['Whether the words "after the commencement of this Act" in the amendment made by the Licensing (Fees) Act 1951 referred to the commencement of the Licensing Act 1928 or to the commencement of the Licensing (Fees) Act 1951.']

Ratio Decidendi

The inserted words "after the commencement of this Act" were perfectly plain in context and, when inserted into s. 19 of the Licensing Act 1928, referred to the commencement of the Licensing Act 1928, not the Licensing (Fees) Act 1951. The considerations based on retrospectivity and policy could not overcome that meaning, so the appeal failed.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']