High Court of Australia
Bile sao) Hath CHO Ge LGRA 175
Syp»
TOOTH AND COMPANY LIMITED AND)
THE COUNCIL OF THE CITY OF PARRA-\
GeO ee HIGH COURT [1955.
(HIGH COURT OF AUSTRALIA.]
ANOTHER ff APPELLANTS ;
Applicants, AND
MATTA Sf RESPONDENT.
ResponDent,
ON APPEAL FROM THE SUPREME COURT OF
NEW SOUTH WALES.
Appeal—High Court—Appeal from Supreme Court of State—To erection of premises
April 14, 15.
Dixon
Kitto JJ.
as licensed hotel—Local council—Refusal of approval—Traffic hazards— Amenity of locality—Injury—Mandamus—Application to State Pull Supreme Court—Refusal—Other remedies available—Appeal to High Court as of right— Amount involved—Special leave—Judiciary Act 1903-1950, 8. 35 (1) (a), (1), (2) -Local Government Act 1919-1952 (N.S.W.), 8. 342R (a), (c), (f), (g)—County of Cumberland Planning Scheme Ordinance, cll. 26, 27.
Upon a conditional order for the removal of a publican's license to certain land having been made by the Licensing Court, despite opposition thereto by the council of the area, the applicant applied to the council : (i) under s. 312 of the Local Government Act 1919-1952, for its approval of the plans and speci- fications of the hotel building and consent to its erection ; (ii) under cl. 41 of the County of Cumberland Planning Scheme Ordinance for its consent ; and (iii) under s. 342R of the Act for it to grant the application. The council refused the application. Although other remedies were available to the applicant, he applied to the Supreme Court of New South Wales for a man- damus commanding the council to give its approval and consent and to make the said grant. 'The application was refused, wherenpon the applicant
appealed to the High Court as of right. Held, that the order under appeal did not fulfil the requirements of s. 35 (1) (a) (1) or (2) of the Judiciary Act 1903-1950 inasmuch as it did not involve an amount of £300 and, accordingly, no appeal as of right lay. Held, further, that there being appropriate remedies by way of appeal against the council's decision available to the applicant, special leave to appe al
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