High Court of Australia Dixon C.J. Kitto and Menzies JJ. William Heinemann Ltd v Kyte-Powell [1960] HCA 32 ORDER Special leave refused. The judgment of the Court was delivered by Dixon D.J.:— June 1 Dixon C.J., Kitto and Menzies JJ. We think, upon the construction of s. 180, that once it affirmatively appears that a work falls within the earlier part of s. 180, for example, that it is a work of recognized literary or artistic merit, it is outside the operation of Pt. V, unless the magistrate is satisfied positively, upon the material before him, that the publishing etc. was not justified; but we think that in this case the magistrate was so satisfied, and that we ought not to give special leave to appeal merely to investigate the question whether he had sufficient material before him for that conclusion. Special leave will therefore be refused.