Wilson & Ors v Madden

This matter concerned an application for special leave to appeal to the High Court of Australia. The applicants, including Lawrence William Wilson and Coles Myer Limited, sought to appeal a decision concerning the Liquor Act. The respondents included Nerryellen Joy Madden, the Superintendent of Licences.

The central legal issue before the High Court was the proper construction of section 146 of the Liquor Act, specifically subsection 146(2). This provision deals with the power of a superior court to remit a matter to the Licensing Court for determination in accordance with the superior court's decision, following an appeal limited to questions of law. The applicants argued that the remittal of "the matter" to the inferior tribunal was circumscribed by the superior court's opinion, potentially requiring a complete re-evaluation of factual situations in certain circumstances.

The applicants contended that while an error of law might not always necessitate a full factual re-evaluation, where the error was manifest and contrary to correct legal construction, the remittal would require such a re-evaluation. They argued that the inferior court must act in accordance with the superior court's decision. The court considered the scope of "the matter" that could be remitted and whether the superior court's opinion merely permitted certain actions by the inferior court or mandated them.