The Law Reports (Appeal Cases)
[1966] AC 629
[PRIVY COUNCIL]
UTAH CONSTRUCTION & ENGINEERING PTY. LTD. AND ANOTHER APPELLANTS AND JANOS PATAKY RESPONDENT
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES
1965 July 21,
22;
Oct. 7
Oct. 7
LORD REID, LORD MORRIS OF BORTH-Y-GEST, LORD GUEST, LORD PEARCE and LORD PEARSON.
Australia
— New South Wales
— Regulations
— Excavation work
— Power under statute to make regulations “relating to the manner of carrying out building work, excavation work or compressed work,” and “to safeguards and measures to be taken for securing the safety … of persons engaged in … excavation work”
— Regulation prescribing “every drive and tunnel shall be securely protected and made safe for persons employed therein”
— Whether extending scope or general operation of enactment
— Validity
—
Scaffolding and Lifts Act, 1912–1960 (N.S.W.) (No. 38 of 1912 No. 9 of 1960), ss. 22 (1), (2) (g) (iv) (v)
—
Scaffolding and Lifts Regulations, reg. 98.
Statutory Instrument
— Validity
— Whether ultra vires
— Power under statute to prescribe “all matters … required or authorised … or necessary and convenient to be prescribed” for carrying out or giving effect to Act
— Power to make regulations “relating to … the manner of carrying out … excavation work” and “safeguards and measures to be taken for securing the safety … of persons engaged in … excavation work”
— Regulation providing “every drive and tunnel shall be securely protected and made safe 630for persons employed therein”
— Whether relating to “the manner of carrying out … excavation work”
— Whether relating to “safeguards … for securing safety”
— Whether regulation ancillary to or extending scope of Act
— Australia (New South Wales)
—
Scaffolding and Lifts Act, 1912–1960 (N.S.W.), ss. 22 (1), (2) (g) (iv) (v)
—
Scaffolding and Lifts Regulations, reg. 98.