Shepherd v New South Wales [1957] HCA 52

=

CL.RB.J OF AUSTRALIA. 673

(HIGH COURT OF AUSTRALIA.]

SHEPHERD . , i 5 . 5 4 PLAINTIFF 3

AND

THE STATE OF NEW SOUTH WALES 3 Derenpant.

Interpretation—Statute—* Person" —Deemed to include " Bodies politic" —State H.C. ov A. of New South Wales—Whether a" person" within the meaning of word used in 1957.

statute concerned with protection of officers of State et authority—Interpretation Act of 1897 (N.S.

Functions) Act 1932-1956 (No. 31 of 19%

acting under statutory = 7 .), 8. 21—Transport (Division of MeLBournr, Yo. 16 of 1956) (N.S.W.), s. 27, Feb. 12, 13

Sypyzy, July UW.

Section 21 of the Interpretation Act of 1897 (N.

Acts unless the con

S.W.) provides that in all

intention appears the word " person " shall include

ion 27 of the Transport (Division of pi Me

" bodies politic and corporate". See Functions) Act 1

provides: " All actions against any of the Comr

Webb,

sioners appointed under this Act or against any person for anything done or {tian

omitted or purporting to have been done or omitted under this Act orunder 'Taylor JJ

any other Act (whether passed before or after the commencement of this Act) which confers or imposes any power, authority, duty or funetion on any

such Commis

ioner, or in the exercise or performance of any power, authority,

duty or function conferred or imposed by any such Act, shall be commenced

within one year after the act or om

ion complained of was committed or made. 'The foregoing provisions of this section shall extend, and shall be deemed always to have extended, to an action for the recovery of moneys which have in fact been paid to or collected by any such Commissioner or person where such payment was made or purported to be made or such collec-

tion was effected or purported to be effected under the authority or purported*

authority of any Act whether or not such Act was valid or effectual to impose or authorise the imposition upon any person of an obligation to pay such moneys or to empower such Commissioner or first-mentioned person to receive or collect the same."