High Court of Australia
IN THE HIGH COURT OF AUSTRALIA
REASONS FOR JUDGMENT
Sydney
Judgment delivered at...
on.
A. C. Brooks, Government Printer, Melbourne ¢.5072/66
WESTERN CINEMAS P2Y. LIMITED
Ve
WESTVIEW (DUBBO) P?Y. LIMITED AND OTHERS
ORDER
Order granting special leave to appeal
rescinded, No order as to costs.
WESTERN CIh
(AS PLY. LIMITED
'Ve
WESTVIEW (DUBBO) PEY. LIMITED
AND OTHERS
amo J
WESTERN CINEMAS PLY. LIMITED
ve
WESIVIEW (DUBBO) PIY. LIMITED AND OTHERS
This appeal is brought by special leave from an order of the Court of Appeal Division of the Supreme Court discharging a rule nisi for mandamus in the following circum- stances.
On 30th September 1965 the appellant, the applicant for the rule, applied under s. 9(1)(a) of the Theatres and Public Halls Act, 1908 to the Under Secretary of the Chief Secretary's Department for a licence "for a drive-in theatre to be erected" on certain land near Dubbo and "intended to be used wholly or mainly for the purpose of exhibiting cinematograph films". A statutory declaration made in support of the application stated that the appellant was the equitable owner of the land the subject of the application.
; Part II of the Act contains ss. 5 to 22 and, by s. 9(1)(a) it is provided that such en application may be made by the "owner or lessee of a theatre or public hall" and that "the Minister may . . . issue a license under this Act in respect of the same". Part IIA of the Act, which was added by Act No. 38 of 1954, provided, by s. 22A(2), that the provisions of the Act should apply, mutatis mutandis, "to and in respect of drive-in theatres", and, by s. 22A(4), that references in the Act to theatres and public halls should include drive-in theatres. By s. 5 "the Governor may, by proclanation in the Gazette, apply the provisions of" Part II "to such theatres and public halls as may be named therein, or as may be situate within the localities named or described therein" and the Part is to apply only to such theatres and public halls.
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