De Bortoli v Kenny [1948] HCA 12

76 C.L.R.J OF AUSTRALIA. 453

(HIGH COURT OF AUSTRALIA.]

DE BORTOLI .. : . " p ' . APPELLANT ; Derenpant, AND

KENNY AND ANOTHER . * : ' . RESPONDENTS. InrorMAnt,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

Appeal—High Court—A ppeal as of right—Decision of Supreme Court (N.S.W.) on 1. ©. o A. appeal from Court of Petty Sessions—* Civil right amounting to or of the value 1 94g.

of Three hundred pounds" —Price fexation—Validity of notice—Sale of wine— ~~ Right to sell without the restriction of a notice as to fixed price—Competency of SYDNEY, appeal—Special leave to appeal—Judiciary Act 1903-1947 (No. 6 of 1903—No, Aug. 18-20. 52 of 1947), 8. 35 (1) (a) (2)—National Security (Prices) Regulations (S.R.1940 ich,

pated! No. 36), regs. 23 (1) (b), 458 (ba)—Prices Regulation Order No, Dixon and

Rules nisi for statutory prohibition granted for the purpose of bringing up for review seven convictions of the appellant for offences under the National Security (Prices) Regulations, and for each of which he had been fined £100, were discharged by the Supreme Court of New South Wales. The appellant 'appealed as of right to the High Court on the ground that the orders of the the Supreme Court fell within s. 35 (1) (a) (2) of the Judiciary Act 1903-1947 because they indirectly involved a question respecting a civil right amounting to or of the value of £300, the civil right being to sell goods without the restriction of a notice given by the Prices Commissioner fixing prices 'charge- able by the appellant.

Held that the orders of the Supreme Court merely affirmed the convictions which in themselves did not involve any civil right amounting to or of the value of £300, therefore the appeals were incompetent.

Kidney v. Melbourne Tramway and Omnibus Co. Ltd., (1902) 8 A.L.R. (C.N.) 29, disapproved.