R v Licensing Court for the Licensing District of Maryborough [1919] HCA 71

OF AUSTRALIA. 249

(HIGH COURT OF AUSTRALIA.)

THE KING

AGAINST

THE LICENSING COURT FOR THE LICENSING DISTRICT OF MARYBOROUGH AND OTHERS.

Ex parte WEBSTER AND COMPANY LIMITED.

THE KING

AGAINST

THE LICENSING COURT FOR THE LICENSING DISTRICT OF IPSWICH AND OTHERS.

Ex parte O'BRIEN anp Ex parre VARLEY anp Ex parte NASH.

ON REMOVAL FROM THE SUPREME COURT OF QUEENSLAND TO THE HIGH COURT.

High Court—Removal of cause from Supreme Court of a State—Question of limits ©, oF A. inter se of constitutional powers of Commonwealth and a State—Other questions

1919. j in cause—The Constitution (63 & 64 Vict. c, 12), secs. 75, 76, 77—Judiciary } Act 1903-1915 (No. 6 of 1903—No. 4 of 1915), secs. 38a, 40a. SypNey, ;

Dec. 22.

A question of the limits inter se of the constitutional powers of the Common- wealth and those of the State of Queensland arose in severalcauses before the Knox C.J., Supreme Court of Queensland, and there were other questions in each cause the Gats2"SSuny decision of which might have ended the litigation. Without determining any 4 Rich JJ.

H.C. oF A,

1919. Ww

Tur Kine v. Mary BOROUGH Licenstnc Courr EX PARTE

WEBSTER & Co. Lrp.

Tue Kno v. Irswrou LICENSING Court;

EX PARTE O'BRIEN, VARLEY AND Nasu.

HIGH COURT 1 {1919.:

of the questions, the Supreme Court, being of opinion that the causes came within sec. 40a of the Judiciary Act 1903-1915, proceeded no further in the matters and the documents were transmitted to the Registry of the High Court.

Held, that the Supreme Court should have proceeded to determine the questions other than the constitutional question, and that the causes should be remitted to the Supreme Court for that purpose.

Miller vy. Haweis, 5 C.L.R., 89, followed.

R. v. Young 27 C.L.R., 100 distinguished.

Causzs removed from the Supreme Court of Queensland.

Orders nisi for prohibition and certiorari were obtained from the Supreme Court by Webster & Co. Ltd. directed to the Licensing Court for the Licensing District of Maryborough, the Returning Officer for the Local Option Area of Maryborough and the Electors thereof, in respect of a local option poll taken under the Liquor Act of 1912 (Qd.) and the orders of that Licensing Court thereon. Similar orders nist were obtained by Margaret O'Brien, Richard Varley and Lavinia Nash with regard to the Licensing Court for the Licensing District of Ipswich. On the applications to make the orders abso- lute, the Supreme Court of Queensland, being of opinion that the several causes came within sec. 40a of the Judiciary Act 1903-1915, proceeded no further with the causes, and the documents relating to them were transmitted to the Registry of the High Court as on a removal of the causes to that Court.