Ferrum Metal Exports Pty Ltd v Lang [1960] HCA 7

High Court of Australia Dixon C.J. Fullagar, Kitto, Taylor and Menzies JJ. Ferrum Metal Exports Pty Ltd v Lang [1960] HCA 7

ORDER Appeal dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

1960, Feb. 24 Dixon C.J., Taylor and Menzies JJ.

The appellant company, which was incorporated under the Companies Act 1938 Vict. on 1st July 1955, is the successor in business to one Jankiel Klajn who, in July 1948, commenced to carry on the business of scrap metal dealer upon a parcel of land situated at North Carlton. Since that time the business has been carried on continuously at the same place. However, in December 1958 proceedings upon information were taken against the appellant alleging that it had, on and after 5th May 1958, used the land in question for the purposes of the said business in breach of the provisions of by-law No. 375 of the City of Melbourne. It is common ground that the use of the land at the relevant times for these purposes was, in terms, forbidden by cl. 4 of the by-law but it is claimed that consideration of the provisions of sub-s. (7) of s. 197 of the Local Government Act 1946 Vict. and of the provisions of earlier by-laws leads to the conclusion that the appellant did not commit any offence by using the land as it did. The arguments now advanced on behalf of the appellant were accepted by the magistrate and he dismissed the information but upon proceedings for review the Supreme Court of Victoria set aside the order of dismissal and remitted the information to him with the direction that unless some ground of defence should be established the appellant should be convicted: Lang v. Ferrum Metal Exports Pty. Ltd. [1] . This appeal is now brought by special leave from the order of the Supreme Court.

1. (1960) V.R. 702.