Widgee Shire Council v Bonney

The High Court of Australia heard an appeal from the Supreme Court of Queensland concerning the validity of a by-law enacted by the Widgee Shire Council. The dispute arose when the respondent, Mr. Bonney, was convicted for breaching a by-law that prohibited any person from injuring or destroying the water-table, gutterway, or side drain of a road within the Shire by driving a vehicle into or along it. The Supreme Court had quashed the conviction, finding the by-law invalid.

The legal issues before the High Court were whether the by-law was within the statutory powers granted to the Shire Council and whether it was unreasonably restrictive. Specifically, the Court had to determine if the by-law's prohibition of acts without reference to guilty intention rendered it invalid, and if its restrictive nature made it unreasonable and therefore beyond the Council's legislative authority.

The High Court, in allowing the appeal, reasoned that a by-law is not rendered invalid simply because it prohibits certain acts without requiring proof of guilty intention, nor because it adds to existing law. The Court held that the question of a by-law's reasonableness is not to be determined by its expediency in a particular context, but rather by whether it falls within the scope of the powers conferred upon the enacting authority. The Court found that the by-law was prima facie within the Council's powers to regulate traffic and prevent injury to roads. The Court also clarified that a by-law is invalid if it is so unreasonable that no reasonable person could have enacted it in good faith, but this was not the case here. The Court further held that the by-law was not contrary to any existing law and that the power to regulate traffic included the power to prohibit certain actions to protect road infrastructure.

The High Court allowed the appeal, discharged the order nisi to quash the conviction, and ordered that the respondent pay the appellant's costs of the appeal.