Mackay v Davies
Case
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[1904] HCA 20
•29 August 1904
Details
AGLC
Case
Decision Date
Mackay v Davies [1904] HCA 20
[1904] HCA 20
29 August 1904
CaseChat Overview and Summary
The parties in *Mackay v Davies* were the plaintiff, Mackay, and the defendant, Davies. The dispute concerned the interpretation of the term "cattle" within section 15 of the *Cattle Slaughtering and Diseased Animals and Meat Act (No. 36 of 1902)*, specifically in relation to fees for inspection. The matter was heard before Griffith, C.J., Barton, and O'Connor, JJ.
The central legal issue before the court was whether the definition of "cattle" as used in the relevant section of the Act encompassed sheep and pigs, or if it was limited to bovine animals. This determination was crucial for establishing the scope of the inspection fees that could be levied under the legislation.
The court reasoned that the ordinary and common meaning of the word "cattle" in the context of legislation, particularly when not explicitly defined to include other animals, referred specifically to bovine animals. Therefore, the court held that sheep and pigs were not included within the term "cattle" for the purposes of section 15 of the *Cattle Slaughtering and Diseased Animals and Meat Act (No. 36 of 1902)*. The legal principle applied was one of statutory interpretation, favouring the plain and ordinary meaning of words in the absence of a contrary legislative intention or specific definition.
The central legal issue before the court was whether the definition of "cattle" as used in the relevant section of the Act encompassed sheep and pigs, or if it was limited to bovine animals. This determination was crucial for establishing the scope of the inspection fees that could be levied under the legislation.
The court reasoned that the ordinary and common meaning of the word "cattle" in the context of legislation, particularly when not explicitly defined to include other animals, referred specifically to bovine animals. Therefore, the court held that sheep and pigs were not included within the term "cattle" for the purposes of section 15 of the *Cattle Slaughtering and Diseased Animals and Meat Act (No. 36 of 1902)*. The legal principle applied was one of statutory interpretation, favouring the plain and ordinary meaning of words in the absence of a contrary legislative intention or specific definition.
Details
Key Legal Topics
Areas of Law
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Statutory Interpretation
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Administrative Law
Legal Concepts
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Statutory Construction
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Jurisdiction
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Judicial Review
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Citations
Mackay v Davies [1904] HCA 20
Most Recent Citation
Millers Point Community Assoc. Incorporated v Property NSW [2017] NSWLEC 92
Cases Citing This Decision
2
Millers Point Community Assoc. Incorporated v Property NSW
[2017] NSWLEC 92
Millers Point Community Assoc. Incorporated v Property NSW
[2017] NSWLEC 92
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