Co-Operative Brick Co Proprietary Ltd, and The Mayor, &c., of the City of Hawthorn [1909] HCA 56

: :

a

OF AUSTRALIA. 301

(HIGH COURT OF AUSTRALIA.]

'THE CO-OPERATIVE BRICK CO. PROPRIE- 1 4 sper pans TARY LTD. as i

ee OF THE OMY OR HAW. } ResronpEnts. THORN ~ oll

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

Local Government—By-Law—Validity—Power to regulate or control—Power to H.C, or A. prohibit—Local Government Act 1903 ( Vict.) (No. 1893), sec. 197, 1909.

; i CS By see. 197 (21) of the Local Government Act 1903 (Vict.) power is con- Mernourne,

ferred upon municipalities to make by-laws for "regulating or controlling i571. 31 quarrying or blasting operations." Sept. 1, 13.

Held, that a by-law prohibiting within a particular part of a municipality Gritith 0.J., the blasting of rock, &c., "in or within 100 yards from any public or private gon 274 street, or within a distance of 200 yards from any occupied or unoccupied dwelling within the said part," was not within the power conferred, and was

invalid, Slattery v. Naylor, 13 App. Cas. 446, distinguished.

Municipal Corporation of the City of Toronto v. Virgo, (1896) A.C. 88, fol- lowed.

Decision of the Supreme Court of Victoria, In re Mayor, &c., of the City of Hawthorn; Ex parte Co-operative Brick Co. Proprietary Ltd., (1909) V.LR., 27; 30 A.L.T., 118, reversed.

AppeaL from the Supreme Court of Victoria. The Co-operative Brick Co. Proprietary Ltd., pursuant to sec. 232 of the Local Government Act 1903, obtained a rule nisi

Hi. C. of A.

1909.

es OPERATIVE Brick Co.

HIGH COURT [1909,

calling upon the Mayor, Councillors, and Citizens of the City of Hawthorn to show cause why a certain by-law should not be wholly or in part quashed for the illegality thereof, upon the following grounds :—(1) That the by-law was wholly or in part

oe illegal and ultra vires, and made without legal authority ; (2)

Mayor &c. 0

that the by-law was not made bond fide in the exercise of the