Attorney-General (NSW) (Ex rel McLeod) v Grant [1976] HCA 38

High Court of Australia Gibbs, Stephen, Mason, Jacobs and Murphy JJ. Attorney-General (NSW) (Ex rel McLeod) v Grant [1976] HCA 38

ORDER Appeal dismissed with costs. Order of the Court of Appeal of the Supreme Court of New South Wales varied by answering the questions of law stated for the determination of that Court as follows:

Question 1.

Whether, upon the assumption that a departure from heretofore Presbyterian fundamental doctrine is involved in the proposed Basis of Union 1971 of the Uniting Church, the resolution of 1st May 1974 of the Thirty-Fifth General Assembly of the Presbyterian Church of Australia approving such Basis of Union (set forth in Minutes 16 and 17 of the Proceedings of the said Assembly) was nevertheless a valid exercise of any power conferred upon that Assembly by Section 15 of the Schedule to Act 42 of 1971?

Answer: Yes.

Question 2.

Whether, subject to any issue arising upon the assumption set out in question 1, the resolution of 1st May 1974 of the said General Assembly in favour of the Presbyterian Church of Australia entering into union with the Methodist Church of Australasia and the Congregational Union of Australia (set forth in Minute 43 of the Proceedings of the said Assembly) was a valid exercise of any such power?

Answer: Yes.

Question 3.

If the answer to either question 1 or 2 is No, whether the resolution of 1st May 1974 of the said General Assembly (set forth in Minute 43 of the Proceedings of the said Assembly) purporting to appoint a Commission pursuant to Section 18 of the Schedule to the said Act was a valid exercise of any power under that Section?

Answer: Unnecessary to answer.

Question 4.

Whether the result of the second vote of communicants referred to in paragraphs 11 and 12 of the Statement of Agreed Facts has any legal consequence for any purpose connected with the application of Section 18 of the Schedule to Act 42 of 1971?