Sydney Municipal Council v Royal Agricultural Society of New South Wales [1905] HCA 56

Sydney Municipal Council v Royal Agricultural Society of New South Wales [1905] HCA 56 - HCA 1905 case summary — Zoe

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for the purposes only of shows or exhibitions, and the respondents

undertook to keep the land drained and cleaned and to comply ith the Council's regulations as to access by the public. The question was then raised whether the lease by the Council, . who were trustees of the land which was held by the Privy
Council to be dedicated for the purposes of public recreation, health or enjoyment under the Public Parks Act, was valid or _ inyalid. The Chief Judge in Equity held that the lease was bad and declared accordingly, but the Privy Council on appeal were _ of opinion that there was no objection to the lease. Before that time the present respondents had been incorporated _ by an Act of 1869, which is not numbered, and I assume, there- fore, is to be taken as in one sense a private Act. It recited that a society called the Agricultural Society of New South Wales had been formed with certain rules and by-laws at Sydney for the encouragement and improvement of agriculture, and for promoting _ the success of pastoral and farming pursuits in the colony, and also for holding exhibitions of live stock, of agricultural, horti- cultural, and pastoral produce, of minerals, and of arts and manufactures. It then proceeded to declare that the President, Vice-Presidents, Governors, and members of the Society for the time being should be incorporated by the name of the " Agricul- _ tural Society of New South Wales," with all the privileges and liabilities of a corporation. It then provided that the then present tules and by-laws should be the rules and by-laws of the cor- poration, save and except so far as they might be lawfully altered or repealed or might be inconsistent or incompatible with or repugnant to any of the provisions of the Act or the laws of the colony. The sixth section provided that the corporation should have power to purchase, acquire, and hold lands, and any interest therein, and to sell and dispose of them, and that all lands then the property of the Society should become the property of the corporation. There was also a provision that, in the event of the funds and property of the corporation being insufficient to meet its engagements, each member should be liable to contribute, over and above his annual subseription, a sum equal to the subscription, towards liquidating the liabilities of the cor- poration, and should not be otherwise individually liable. Express

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power was given to the corporation to borrow money by mortgage, subject to certain limitations. This, therefore, was a corporation established for certain de purposes. Amongst its powers were the power to hold pro to incur liabilities, and to mortgage property, and involved sarily in that was the right to expend money on almost any pu that they might think conducive to the objects of the Socie all these purposes a revenue was necessary, much larger than likely to be obtained from the contributions of members, Society expended in carrying out its objects many thousan pounds. Those objects, as they are at present set out in rules of the Society which are attached to tho special include (rule 2, sub-sec. 3): "To purchase, take on least otherwise acquire, and to lay out and improve, such lands premises as may be required for carrying on the objects o Society." The lands so acquired may clearly be anyw! New South Wales. Sub-sec. 4 mentions the holding of "e tions in Sydney or elsewhere for the display of horses, catt sheep, and other live stock; wool, agricultural produce of all kin and machinery ; together with such other subjects of manufaet produce, or the arts as may be deemed desirable ; and to estab in connection therewith a market for the sale of exhibited stock, machinery," &. Sub-sec. 5 includes the encouragement skill in farm labour, and showing new machinery in operatic and so bringing it into notice, and sub-sec. 6 provides for publication and distribution amongst the members of # and kindred societies, of the transactions of the Society. | much for the objects of the Society. The privileges, amor other things, include, as appears from rule 7, the right to vote elections of office bearers, of free admission to the library reading room, and to the Society's exhibitions and other en' ments held in the grounds, on production of the member's for the current year. It is a matter of common knowledge in institutions of this kind the privileges of members are s times very considerable, and much more comfortable accommo tion is provided for them than for other persons. But whe the privileges are small or great, it is clear that the membersh a beneficial enjoyment of the property as distinguished from t general public. a

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Society, that is, for the purpose of furthering the object Society, including such benefits as were conferred up members, and clearly they had power to expend the derived from the public use of the land in any way con with the purposes for which the land was given them, { improvement of the land itself, or for carrying out the other of the Society, such as holding shows in any part of the eo and for any other purposes not inconsistent with the obje the Society. But the Act of 1902 prescribed, in my opi exhaustively, the purposes to which the lands of the Society be put. See. 4 provides that the Society may ocey use the land for the purpose of holding shows and exh agricultural, horticultural and pastoral produce, implement machinery, minerals, arts and manufactures, and live sto for such other purposes as the Minister may sanction, a admit the public thereto, subject to such charges and condi as shall be approved by the Minister, provided always th horse races or pony races shall be held on the said land." same section requires that they shall keep the land cle free from offensive matter. Now, that section prescribes poses for which the land may be used. Shows and exhibit are the primary purposes, with such other purposes as the Min may sanction, and the Society must admit the public on pay of a charge for admission. But it is quite clear that whi charges are imposed go into the coffers of the Society, and b subject to its obligations, and may be applied in accordance the Society's rules. The Act contemplates that the Society make a revenue from the land, and says nothing about what are todo with it. The next section confirms the view that may make profits, which they must devote to the p the Society. It provides that if the Society fails to co with the provisions of sec. 4, or if the lands are used or oce for any purpose other than those prescribed by the if the Society "shall sell, lease, mortgage, assign, charg otherwise deal with or dispose of the land or any part there attempt to do so or suffer the land or profits to vest in or b payable to any other person," or to be taken in execution, ori Society shall cease to exist, the lands shall revest in the Or

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Judgment (117 paragraphs)