Boulus v Broken Hill Theatres Pty Ltd [1949] HCA 8

High Court of Australia Latham C.J. Dixon, McTiernan, Williams and Webb JJ. Boulus v Broken Hill Theatres Pty Ltd [1949] HCA 8

ORDER Appeal dismissed with costs.

The following judgments were delivered:—

Mar. 30 Latham C.J.

This is an appeal from a decision of the Supreme Court of New South Wales making absolute a rule nisi for a writ of certiorari directed to his Honour Judge Lamaro, a judge of the District Court, to the Registrar of the District Court holden at Broken Hill, to Joseph Boulus, junior, and the Minister (the Chief Secretary) who administers the Theatres and Public Halls Act 1908-1946. The decision of the District Court, which was ordered to be removed to the Supreme Court and quashed, was a decision that a licence under the Theatres and Public Halls Act 1908-1946 should be endorsed with an endorsement specially authorizing the exhibition of cinematograph films in the Town Hall at Broken Hill. Such endorsement is required under s. 13D of the Act, which provides that no person shall exhibit a cinematograph film in any theatre or public hall unless the licence held in respect of such theatre bears such an endorsement. Section 5 of the Act provides for the application of the Act in certain localities, and s. 9 provides that on application made as prescribed by the owner or lessee of the theatre or public hall or any person duly authorized by such owner or lessee the Minister may under his hand or under the hand of any person appointed by him in that regard issue a licence under the Act in respect of the same. Section 11 provides that the Minister may refuse a licence if certain things appear to him, as, for example, that the provisions of the Act and the regulations have not been complied with or that the buildings are unsuitable. Section 12 provides that any such licence may be renewed under the hand of the Minister or the person authorized by him at any time as prescribed and on payment of the prescribed fees. The period of such licence is prescribed by sub-s. (2) of this section—such period shall be specified in the licence—a period not exceeding twelve months from the date of issue or renewal. Section 13 is a section which is important for the purposes of the case. Any such licence may be transferred by endorsement as prescribed on a licence. Such transfer shall be forwarded to the officer keeping the register of the licences and shall be entered by him on the register. Every such transfer shall be to a lessee of the building licensed. Section 13D (enacted in 1946) is the section which contains the specific provisions relating to the use of theatres and public halls for the exhibition of cinematograph films. It provides (as already stated) that no person shall exhibit a cinematograph film in any theatre or public hall unless a licence held in respect of such theatre or public hall bears an endorsement specially authorizing such exhibition.