Associated Newspapers Ltd v Wavish [1956] HCA 69

High Court of Australia Dixon C.J. Williams, Webb, Fullagar and Taylor JJ. Associated Newspapers Ltd v Wavish [1956] HCA 69

ORDER Application refused with costs.

The following oral judgment of the Court was delivered by Dixon C.J.:—

Dixon C.J., Williams, Webb, Fullagar and Taylor JJ.

This is an application for special leave to appeal from an order made by Martin J. making absolute an order nisi to review a decision of a magistrate upon a charge under s. 171 of the Police Offences Act aided by s. 169. The magistrate had dismissed the information. Martin J. reversed his decision.

The question before the magistrate was whether, within the definition of the word obscene contained in s. 169 as it now stands, a publication was obscene. His Honour in a sense substituted his view of the article published for that of the magistrate. In so far as that involved some displacement of a finding of fact, under Victorian law his Honour was entitled to take such a course provided he was of opinion that the magistrate was clearly wrong.

The question, however, is not free from matter of law and I propose to state what, in the view of the Court, is the construction to be placed upon s. 169 in its application to s. 171. Section 171 relates to what are called "articles". The word "articles" is the subject of what may be described as an inclusive definition contained in s. 169. It has been held in Victoria that, although the definition is inclusive, the word in s. 171 does not extend beyond what is ejusdem generis with what is stated in the inclusive definition in s. 169.

It therefore follows that s. 171 relates to the kind of publications and representational objects, and to things ejusdem generis therewith, which are described in the definition of "articles" and would not extend to matters and physical objects having no relation to representation.