Dyer v Luckett [1928] HCA 24
A proclamation under sec. 309(1)(c) of the Local Government Act 1919 (N.S.W.) that prohibits the use of a building for 'any trade' does not 'describe' the prohibited trades as required; the proclamation is invalid and the conviction must be quashed.
- Parties
- Appellant: Walter Dyer; Respondent: Sydney Luckett
- Jurisdiction
- Australia
- Judgment Date
- 23 August 1928
- Procedural Posture
- Appeal / Judgment on Appeal From the Supreme Court of New South Wales
- Outcome
- Appeal allowed. Conviction quashed. Respondent to pay costs of all proceedings in all Courts.
- Legal Topics
- Proclamation of Residential Districts, Prohibition of Trades, Ultra Vires Exercise of Statutory Power, Statutory Interpretation
Case Brief
Summary, issues, holding and outcome
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Parties
Walter Dyer
Appellant
Sydney Luckett
Respondent
Procedural Posture
Appeal / Judgment on Appeal From the Supreme Court of New South Wales
Legal Issues
- 1 Whether a proclamation prohibiting the use of buildings for 'any trade' in a residential district complies with sec. 309(1)(c) of the Local Government Act 1919 (N.S.W.) requiring that prohibited trades be 'described' in the proclamation.
Ratio Decidendi
A proclamation under sec. 309(1)(c) of the Local Government Act 1919 (N.S.W.) that prohibits the use of a building for 'any trade' does not 'describe' the prohibited trades as required; the proclamation is invalid and the conviction must be quashed.
Court Disposition
Appeal allowed. Conviction quashed. Respondent to pay costs of all proceedings in all Courts.
Orders
- Order of Campbell J. discharged.
- Question submitted by the case answered in the affirmative.
Full Case Text
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