De Bortoli v Kenny [1948] HCA 12

De Bortoli v Kenny [1948] HCA 12

The orders of the Supreme Court affirmed convictions for offences under the National Security (Prices) Regulations and did not themselves involve any 'civil right' of the required value; thus, appeal as of right was not competent under s. 35(1)(a)(2) of the Judiciary Act. Financial consequences secondary to a conviction do not suffice to create a civil right for appellate jurisdiction purposes.

Parties
Appellant: Vittorio De Bortoli; Respondent/informant: Charles Warren Kenny; Respondent: Another (not named)
Jurisdiction
Australia
Procedural Posture
Appeal / Motion for Leave to Appeal and Competency of Appeal as of Right
Outcome
Appeals struck out as incompetent; special leave to appeal refused.
Legal Topics
Statutory Interpretation, Jurisdiction, Criminal Appeal, Price Control, Competency of Appeal
Administrative Law Criminal Law Constitutional Law Statutory Interpretation Jurisdiction Criminal Appeal Price Control Competency of Appeal

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 2 Authorities cited 15 Party arguments 2 Amounts and remedies 12
Sign in to unlock

Parties

Vittorio De Bortoli

Appellant

Charles Warren Kenny

Respondent/informant

Another (not named)

Respondent

Procedural Posture

Appeal / Motion for Leave to Appeal and Competency of Appeal as of Right

Legal Issues

  1. 1 Whether the orders of the Supreme Court of New South Wales affirming convictions under the National Security (Prices) Regulations were appealable as of right to the High Court of Australia under s. 35(1)(a)(2) of the Judiciary Act 1903-1947 on the ground that they involved a civil right amounting to or of the value of £300.
  2. 2 Whether the special leave to appeal should be granted to reconsider the interpretation of price fixation notices under the National Security (Prices) Regulations.

Ratio Decidendi

The orders of the Supreme Court affirmed convictions for offences under the National Security (Prices) Regulations and did not themselves involve any 'civil right' of the required value; thus, appeal as of right was not competent under s. 35(1)(a)(2) of the Judiciary Act. Financial consequences secondary to a conviction do not suffice to create a civil right for appellate jurisdiction purposes.

Court Disposition

Appeals struck out as incompetent; special leave to appeal refused.

Orders

  • Appeals struck out with costs.
  • Special leave to appeal refused.