Banks v Transport Regulations Board (Victoria)
119 CLR 2221968 - 0510B - HCA
(Judgment by: McTiernan J)
Between: Banks
And: Transport Regulations Board (Victoria)
Judges:
Barwick CJ
McTiernan JKitto J
Taylor J
Owen J
Subject References:
Transport
Taxi licence revoked
Statutes
Regulation-making power
Erroneous grounds
Certiorari
Validity of regulation
Legislative References:
Transport Regulation Act 1958 (Vic) - s 23; s 31; s 32; s 44
Judiciary Act 1903 (Cth) - s 35
Transport Regulation Act 1958 (Vic) - s 44
Transport Consolidated Regulations 1960 (Vic) - r 11
Judgment date: 10 May 1968
MELBOURNE
Judgment by:
McTiernan J
I am of opinion that the appellate jurisdiction conferred by s. 35 (1) (a) (2) of the Judiciary Act 1903-1965 (Cth) extends to the judgment of the Full Court of the Supreme Court of Victoria in this case for the reason that it involves, at least indirectly, a question respecting the licence in issue which is I think "property" in the ordinary sense of the word and its value may be fairly assessed at no less than $3,000. I have nothing to add to what the Chief Justice has said on this point. With respect I think the judgment of the State Full Court is right. The question whether certiorari should go against the respondent Board in respect of its decision of which the appellant complains turns in the end on s. 31 of the Transport Regulation Act 1958. His licence was effectually revoked by the order of the Governor in Council made in exercise of the powers conferred by s. 31. The construction and effect of that section are in my opinion correctly explained by Gowans J. who delivered the judgment of Winneke C.J., Adam J. and himself. I think that because of the operative effect under s. 31 of the order of the Governor in Council, if a writ of certiorari, as applied for here, were granted, it would be nugatory. Lex non cogit ad inutilia. In my opinion the appeal should be dismissed.