Ex parte John Anderson Robertson
| Jurisdiction | UK Non-devolved |
| Judgment Date | 01 January 1857 |
| Date | 01 January 1857 |
| Court | Privy Council |
English Reports Citation: 14 E.R. 704
ON PETITION FROM NEW SOUTH WALES.
11 Moo. P.C. 295.
11 Moo. P.C. 295.
11 Moo. P.C. 296.
11 Moo. P.C. 290.
Mews' Dig. tit. Colony, III. Appeals to Privy Council, 3. Leave to appeal, 4. Jurisdiction of Privy Council; tit. Public Officer, E. In Other Cases, 1. Appointment. S.C. 8 St. Tr. N.S. 1066. See note to Willis v. Gipps, 5 Moo. P.C. 379; see also Dunn v. Reg. (1896), 1 Q.B. 116; Dunn. v. Macdonald (1897), 1 Q.B. 555; Gould v. Stuart, 1896, A.C. 575; Worthington v. Robinson, 1896, 75 L.T. 446; Shenton v. Smith (1895), A.C. 229.
[288] ON PETITION FROM NEW SOUTH WALES. Ex parte john anderson robertson. In re the governor-general and executive council of new south wales. [July 21, 1857,* and June 14, 1858 t]. The office of Commissioner of Crown Lands, in New South Wales, created by the Act of the Legislature of that Colony, the 4th Will. IV., No. 10, is not a patent office, though made under the Great Seal of the Colony, within the meaning of the Imperial Statute, 22nd Geo. III., c. 75; but is an office held dui-ante bene placito, and there is no right of appeal to the Queen in Council under that Statute, from an Order of amotion from such offence by the Governor-General and Executive Council [11 Moo. P.C. 295]. Statute, 22nd Geo. III., c. 75, applies only to offices held by patent, for life, or for a certain term [11 Moo. P.C. 295]. The Judicial Committee have no jurisdiction to take into consideration the propriety of the dismissal of a public servant by a Governor-General of a Colony from an office held during his pleasure, unless the matter is expressly referred to them by the Crown [11 Moo. P.C. 296]. Order for leave to appeal grunted upon the report of the Judicial Committee, without prejudice to the right of the Respondents showing cause against such Order [11 Moo. P.C. 290]. Cause being shown upon a counter petition, such Order rescinded. The original petition in this case was presented by Robertson, praying for leave to appeal against an Order of amotion from the office of Commissioner of Crown lands in New South Wales, made by the Governor-General and Executive Council of New South Wales. The petition set forth that Robertson [289] had been ap- * Present at the hearing of the Petition for leave to appeal: The Right Hon. Dr. Lushington, the Right Hon. The Lord Justice Knight Bruce, the Right Hon. Sir Edward Ryan, the Right Hon. The Lord Justice Turner, the Right Hon. Sir John Dodson, and the Right Hon. Sir William H. Maule. t Present on the petition to dismiss the Order granting leave to appeal: The Lord President (The Marquis of Salisbury), the Right Hon. Dr. Lushington, the Right Hon. The Lord Justice Knight Bruce, the Right Hon. T. Pemberton Leigh, the Right Hon. The Lord Justice Turner, and the Right Hon. Sir John T. Coleridge. 704 ROBERTSON (EX PARTE) [1857-58] XI MOORE, 290 pointed on the 3rd of January, 1852, a Commissioner of Crown lands for the District of Bligh, under the Great Seal of the Colony by the then Governor-General That while in the discharge of his duties he had been wrongfully convicted by the local Magistrates in Petty Session, for an indecent assault, and fined one farthing ; that, thereupon, he received a communication from the Governor-General and Executive Council, calling upon him to show cause why he should not be removed from his office of Commissioner; that he transmitted his defence in writing, in which he denied the commission of the offence imputed to...
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Sachs v Donges, NO
...the Crown unless restricted by statute, has by law the right to dismiss at pleasure any civil or military officer (Ex parte Robertson (1858) 14 E.R. 704 P.C.), Faure v Colonial Secretary (1880 Foord 82), Joyce v Erskine (1866, F.N.D.), Shenton v Smith (1895, A.C. 229), Dunn v R. (1896 (1), ......
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Sachs v Donges, NO
...the Crown unless restricted by statute, has by law the right to dismiss at pleasure any civil or military officer (Ex parte Robertson (1858) 14 E.R. 704 P.C.), Faure v Colonial Secretary (1880 Foord 82), Joyce v Erskine (1866, F.N.D.), Shenton v Smith (1895, A.C. 229), Dunn v R. (1896 (1), ......
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Ex parte John Anderson Robertson
...PROCEEDINGS BEFORE THE JUDICIAL COMMITTEE OF HER MAJESTYS PRIVY COUNCIL ON THE 21ST JULY 1857,() AND 14TH OF JUNE 1858.(2) Reported in 11 Moo. P.C. 288. Petition to the Judicial Committee to rescind leave to appeal, pursuant to 22 Geo. 3. c. 75., from an order made by the Governor and Counc......
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