High Court of Australia
26 C.L.R.] OF AUSTRALIA. 5
[HIGH COURT OF AUSTRALIA.)
HENDY 2 : 4 Y ' ; . APPELLANT; Derrenvant, AND RIDER . $ . ; . ' f A . Responpenr. IyrorMant,
ON APPEAL FROM THE SUPREME COURT OF VICTORIA.
Public Health—Offensive trades—Marine stores—Health Act 1915 (Viet.) (No. A.C. oF A. 2665), sec. 286. 1919.
Sec. 286 of the Health Act 1915 (Viet.) provides that" Any person (1) who | —"~
rar nT acrimony ite any aity'town Borough 'or shire without the nooo ROE tire rq) a cvtoMPitisrectiany of the trees businasess or oosapa- or" 7 tions usually carried on in or connected with the undermentioned works or _Teaacs, establishments (that is to say) . . . marine stores . . . or any Gquigapsand, trade business process or manufacture whatsoever causing effluvia offensive
fumes vapours or gases... . or any other noxious or offensive trade
business or manufacture . . . shall be guilty of an offence," &c.
Held, that the business of dealing in bottles and old metals was a business usually carried on in or connected with marine stores within the meanin the section, notwithstanding that it was carried on in such a manner as not
to be offensive, and, therefore, that the carrying on of the business without
is of
the consent of the local council was an offence against the section.
Decision of the Supreme Court of Victoria (Irvine C.J.) : Rider v. Hendy, (1918),V-L.R., 280; 39 A.L.T., 195, affirmed.
Appear from the Supreme Court of Victoria. At the Court of Petty Sessions at Prahran an information was heard whereby Henry Rider charged that . Hendy " did carry
HIGH COURT U9.
H.C. or A. on the business of a marine store without the consent in writil
1919. —~. Henpy v. RIDER.
of the Council of the City of Prahran." Evidence was given by t informant to the effect that the defendant was carrying on
business of a marine store at Duke Street, Windsor, but had not got the written consent of the Council of the City of Prahran ; that informant had frequently visited the defendant's premises and collectors bringing in bottles and old metals which the defenda purchased from them ; that the defendant had a licence as a dealer in special wares under the Marine Stores and Old Metals Act 1915 that the defendant's premises were clean, and that there was nothing
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate