Norton v Taylor [1905] HCA 8

OF AUSTRALIA. 291

[HIGH COURT OF AUSTRALIA.) CompLarnant ; AND

d . DEFENDANT.

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

,Special leave to appeal—Syiiney Corporation Act (N.S.W.), (No. 35 of H.C. oF A.

100), se. 24—Disqualification of councillor—° Interested in any contract . 1905. "with oF on Behalf of the council" —Sale of materials to contractor. —— _ Afirm of timber merchants of which the defendant was a member, gave to are a1. rmof manufacturers, who contemplated tendering for a contract with the "City of Sydney Conneil, a quotation of the prices at which they were prepared "tomupply them with timber for the purposes of the contract. 'Thetender was tilt oot

'seit in, and was accepted by the Council, of which the defendant had in the teatime been elected « member. Subsequently, while the defendant con- timed in the Council, his firm supplied timber at the prices quoted to the "contractors, who used it in carrying out their contract. 'The Supreme Court faving decided, on an appeal from a magistrate, that the defendant was not "interested" in the contract within the meaning of sec. 24 of the Sydney ion Act, 1902, the High Court, seeing no reason to doubt the correct- 'tes of that decision, refused to grant special leave to appeal

Rale lid down by Lord Watson in La Cite de Montréat v. Les Beclésiastiques duSeminaive de St. Sulpice de Montréal, 14 App. Cas., 660, at p. 662, as to fanting special leave to appeal, applied.

Te Fewore v. Laukester, 3 El. & Bl., 530 ;

L.J.Q.B., 254, followed.

Special leave to appeal to the Hi

. gh Court from the decision of Pring J. (22 NSW. W.N., 36), refused.

S of the Act No. 35 of 1992 is tract, agreement, or employment, with

or on behalf of the Council, except as a aye jghetson who, while holding shareholder, but not being a director in leunderthis Act, continues any joint stock company, shall be liable ie diteotly or indirectly, to a penalty not exceeding one hundred ceomuttership with any other pounds, nor less than fifty pounds, at neged or aeeoNsoever know- shall be for three years thereafter dl orinterested in any con- . qualified from holding any civic office.