Presley v Geraghty [1921] HCA 7

1st HIGH COURT (i921,

(HIGH COURT OF AUSTRALIA.)

'PRESLEY : Apputcasr; Derenpant, q Gunicary °20) ) See an IsronManr,

ON APPEAL FROM THE SUPREME COURT OF. THE NORTHERN TERRITORY.

H.C. or A. Northern Territory—Supreme Court—Deputy Julge—Appointment—Validity—

121. Supreme Coart Ordinance 911-1919 (Northern Territory) (No. 9 of 19ll— = No. 13 of 1919), see. 3-9, 100, 100.

Mexsoumse,

Mor 11, 17, Se: 100 of the Supreme Court Ordinance 1911-1919 (Northern Terr)

provides that "(1) Notwithstanding anything contained in this ordinanee

Kgox C. the Governor-General may, by commission, appoint a person to be a Depity Geran Duty, Judge of the Supreme Court during such period and for sich pares at Sisrke33. are specified in the commission. (2) In relation to the purposes for which

hie is appointed the Deputy Judge shall have all the powers snd may exert all the authorities which are vested in or may be exercised by the Judge of the Supreme Court."

Held, by Knox C.J., Gavan Duffy and Rich JJ. (Higyins and Slarke 3) dissenting) that that section gives no power to appoint a Deputy Judge a time when there is no Judge of the Supreme Court.

Aprticatiow for leave to appeal from the Supreme Court of the Northem Territory.

On 9th and 10th August 1920 at Darwin, in the Norther Territory, before Gerald Hogan, a Special Magistrate of the Northem Territory, an information was heard whereby Edward Patrick Geraghty charged that Villiers Clarence Murray Presley unlawfully had in is possession certain beer upon which duty had not been paid. The

OLR) OF AUSTRALIA.

information was dismissed, and the informant appealed to the Supreme Court of the Northern Territory. The appeal came on {or hearing on 2nd November 1920 before the same Gerald Hogan, purporting to sit as a Deputy Judge of the Supreme Court, and he, on 8th November 1920, at the conclusion of the hearing, allowed the appeal and imposed a penalty upon the defendant.