Williams v Melbourne Corporation

The case of *Williams v Melbourne Corporation* concerned a by-law enacted by the City of Melbourne that prohibited the driving of cattle through most of the city's streets, with limited exceptions for specific streets during certain hours. The appellant, Michael Sydney Williams, sought to have the by-law quashed, arguing it was ultra vires, unreasonable, and against public policy. The matter was heard on appeal from the Supreme Court of Victoria.

The central legal issue before the High Court of Australia was whether the by-law, which significantly restricted the movement of cattle through the city, fell within the powers conferred upon the Melbourne Corporation by the *Local Government Act 1928* (Vic.). Specifically, the Court had to determine if the by-law constituted a valid exercise of the power to "regulate traffic" under section 197(1)(xix) of the Act, or if it amounted to an impermissible prohibition. The Court also considered whether the by-law was invalid on the ground of unreasonableness.

The High Court, affirming the decision of the Supreme Court of Victoria, held that the by-law was within the powers granted to the municipality. The Court reasoned that the power to regulate traffic was broad enough to include the imposition of restrictions on the times and streets through which traffic, including the movement of cattle, could occur. While acknowledging that a power to regulate does not permit an absolute prohibition, the Court found that the by-law did not constitute such a prohibition, as it provided for specific routes and times for cattle movement. Furthermore, the Court reiterated the principle that unreasonableness is not a distinct ground for invalidating a by-law if it is otherwise within the scope of the statutory power conferred, unless the by-law is so unreasonable as to be capricious or fantastic and therefore not a genuine exercise of that power. The Court concluded that the by-law was a reasonable exercise of the council's power to manage urban traffic and ensure public safety and order.