Dyer v Luckett

The case of *Dyer v Luckett* concerned an appeal to the High Court of Australia from a decision of the Supreme Court of New South Wales. The appellant, Walter Dyer, had been convicted of using a building for the purpose of a trade within a residential district declared by proclamation under the *Local Government Act 1919* (N.S.W.). The proclamation prohibited the use of any building in the district for "any trade," and Dyer's contention was that this prohibition was invalid as it exceeded the powers granted to the Governor by section 309 of the Act.

The central legal issue before the High Court was whether the proclamation, by prohibiting the use of buildings for "any trade," adequately "described" the trades intended to be prohibited, as required by section 309(1)(c) of the *Local Government Act 1919*. This section empowered the Governor to declare a residential district and to prohibit the erection or use of buildings for such trades as might be described in the proclamation.

The High Court, in allowing the appeal, held that the word "described" in section 309(1)(c) necessitated that each trade intended to be prohibited be individually named or otherwise specifically identified within the proclamation. A general prohibition of "any trade" was found to be insufficient to meet this requirement, rendering the proclamation *ultra vires* and invalid. Consequently, the conviction of the appellant was quashed, and the respondent was ordered to pay the costs of the proceedings.