High Court of Australia
ROSENTHAL.
Foll Boral Cons,
Resources Boral ema, (ORR {orzo Shire Council
H.C. oF A. 1910, —_—
Mecpourne,
May 26, 27,
30, 31, June I.
Griffith C.J., O'Connor, Isaacs and Higgins JJ.
Crown Solicitor for Victoria.
Fol
ongers v imetty Pet vaae Baran SC Hag (578i UGERA D4 Fi a:
CR.
RANDALL ' if : 5 4 : é
THE COUNCIL OF THE TOWN OF
Local Government—Registration of place of amusement—Discretion of Muni
HIGH COURT
estate. Costs of application and respondent Rosenthal as between so tor and client to be paid out of es
Solicitors, for the appellants, Braham & Pirani. Solicitor, for the respondent Rosenthal, 0. H. Lucas. F Solicitor, for the respondent the Master-in-Equity, Guin
Refd to Refi to
{HIGH COURT OF AUSTRALIA.]
AND
RESPOND! NORTHCOTE < ' , 5
ON APPEAL FROM THE SUPREME COURT OF VICTORIA,
Council—Mandamus—Local Government Act 1903 ( Vict.) (No. 1893), sec. 1 Thirteenth Schedule, Part VI.
A Municipal Council had adopted Part VI. of the 'Thirteenth Schedule to the Local Government Act 1903 (Viet.) which requires the occupier 0 ground in which public amusements are condueted to register the g each year, imposes a penalty upon the causing or permitting of an; amusement on an unregistered ground, and provides that the Couneil « application of the occupier may, if they see fit, cause any ground | registered and grant a certificate of registration thereof,
Held, that mandamus would lie to compel the Council to exercise discretion as to granting or refusing an application for registration.
Held, also, that in exercising their diseretion the Council might p take into consideration the facts that the ground sought to be
=
ll OLR.) OF AUSTRALIA. 101
adjoined a public house of which the applicant was the licensee, that the H.C. or A. applicant intended to use the ground for the purpose of making money for 1910, himself, and that the ground if licensed would enter into competition with a Pl public recreation ground of which some of the councillors were trustees and on RANDALL which the Council had spent money of the municipality. Nisrtoone
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