Skip to Content

Decisions of the Superior Courts of New South Wales, 1788-1899

Ex parte Wynn (1831) NSW Sel Cas (Dowling) 301; [1831] NSWSupC 25

master and servant - magistrate, action against - supervision of inferior courts

Supreme Court of New South Wales

Forbes C.J., Stephen and Dowling JJ, 18 March 1831

Source: Dowling, Select Cases, Archives Office of N.S.W., 2/3466[1 ]

[p. 56]

[A contract to put up whatever fencing the employer had to do without naming within what timethe [p. 57] work is to be done, does not bring the workman if he neglects his work within the operation of the Local Ordinance 9 G 4. No 9. "An act for the better regulation of servants, labourers and work people" and a conviction of the workman under that act quashed.]

[p. 56]

Monday 18th March 1831

In Banco

Coram  Forbes CJ

Stephen J

Dowling J

Exparte Benjamin Wynn

The defendant had been convicted by Lachlan McAlister Esqr JP. under the local ordinance 9 G 4. No 9. "An act for the better regulation of servants, labourers and work people" for having [p. 57] neglected his work deserting his masters (Dr Reids) service.  A motion having been made last term for certiorari to return the conviction in order that it might be quashed for want of jurisdiction.  The conviction was now returned and from that and the other proceedings returned along with it, it appeared that the defendant had contracted with "Dr Reid" to put up whatever fencing he had to do without specifying where the work was to be done, or when it was to be done.

Keith now moved to quash the conviction on the ground that this was not a case within the local ordinance, in as much as it the agreement did not create the relation of master and servant, nor was it an agreement for time.

W.H. Moore endeavoured to support the conviction but, the Court [p. 58] thought the consent within any of the provisions of the local ordinance and directed the conviction to be quashed.

Conviction quashed

Vide 56. page 7.



[1 ] See also Wynn v. McAlister, 1831.

Published by the Division of Law, Macquarie University