Gadsden v Gibbs [1920] HCA 4

190 HIGH COURT [1920.

"(HIGH COURT OF AUSTRALIA.]

GADSDEN . - i : : 5 é . APPLICANT ; Derrenpant, AND GIBBS. 3 % E - A 5 % . ResPpoNnDENT. INFORMANT,

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

H.C. or A. Melbourne and Metropolitan Board of Works—' Structure"' erected over sewer—

1920. Unlocked gates—Offence-—Melbourne and Metropolitan Board of Works Act

Yw 1915 (Vict.) (No. 2696), sec. 148. MeLourne,

Heb 38, Sec. 148 of the Melbourne and Metropolitan Board of Works Act 1915 (Vict.)

provides that "Every person who knowingly erects or places any building

ae iy wall bridge fence or other structure or any obstruction . . . in upon over or

Gavan Duffy under any sewer vested in the Board . . . without the previous consent

end ich 2 in writing of the Board shall . . . forfeit and pay to the Board" a cer-

tain penalty.

Held, that a double-gate hung on posts, one on each side of a sewer, the two leaves of which, when shut, met over the centre of the sewer and were fastened together by a bolt drawable from either side of the gate, was a " structure" erected or placed over the sewer within the meaning of the section.

Special leave to appeal from the Supreme Court of Victoria (Mann J.): Gibbs v. Gadsden, (1920) V.L.R., 6; 41 A.L.T., 82, refused.

AppiicaTIon for special leave to appeal.

At the Court of Petty Sessions at Melbourne an information was heard whereby George Arthur Gibbs, the Secretary of the Melbourne and Metropolitan Board of Works, charged that Stanley

oO SR a ae ne

27 C.L.R.) OF AUSTRALIA.

Wilkinson Gadsden did knowingly erect a fence, structure or obstruc- H- C. oF A.

tion, to wit, two gates, over a certain sewer vested in the Board contrary to the provisions of the Melbourne and Metropolitan Board of Works Act 1915. It appeared that the defendant was the owner of one of several adjoining allotments of land, and that over a strip