Fergusson v Stevenson [1951] HCA 49

High Court of Australia Dixon, McTiernan, Williams, Webb, Fullagar and Kitto JJ. Fergusson v Stevenson [1951] HCA 49

ORDER Information dismissed. Informant to pay the taxed costs of the defendant of the proceedings in this Court including the costs of the application for removal. Informant to pay the costs of the defendant of the proceedings in the Court of Petty Sessions before the making of the order for removal, which costs are fixed at seventy-five guineas.

Cur. adv. vult.

The following written judgment were delivered:—

Oct. 3 Dixon, Williams, Webb, Fullagar and Kitto JJ.

This matter is before us as a cause removed into the High Court in pursuance of s. 40 of the Judiciary Act 1903-1950. That section provides that any cause or part of a cause arising under the Constitution or involving its interpretation which is pending in any court of a State may be removed into the High Court under an order of the High Court. The making of the order is discretionary if a party makes the application, but the section provides that the order shall be made as of course upon motion in open court by or on behalf of the Attorney-General of the Commonwealth or the Attorney-General of a State. In the present case the Attorney-General of New South Wales moved for the order. The provision of the Constitution involved is s. 92.

The cause was pending in the Central Court of Petty Sessions holden at Sydney. It was a charge upon information under s. 19 (1) of the Fauna Protection Act 1948 N.S.W.. The information charged the defendant William Scott Stevenson for that on 30th March 1951 he did knowingly have in his possession protected fauna, to wit certain skins. The skins were particularized, erroneously as it happened, but in fact there were 756 grey kangaroo skins, 373 red kangaroo skins and 189 wallaroo skins to which the information intended to refer, making 1,318 skins in all.