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2.Polites v. The Commonwealth (1945) 70 CLR 60 N Analysis, Thesis of Law

The defendant (appellant), Emmanuel Mortensen, a Danish citizen, was the master of the Norwegian steam trawler “Niobe”. In the sheriff court at Dornoch, Scotland, the defendant was convicted under the Herring Fishery (Scotland) Act 1889 (UK) of the offence of otter trawling in a prohibited part of the Moray Firth (an inlet of the North Sea on the north east coast of Scotland) at a place more than three miles seaward from the low water mark. On appeal, the question of law was whether the defendan

Typology: Thesis

2019/2020

Uploaded on 10/18/2022

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Australian Government Australian Taxation Office Polites v. Commonwealth Kandiliotes v Commonwealth 70 CLR 60 (Judgment by: Williams J) Polites v. Commonwealth Kandiliotes v Commonwealth Court: High Court of Australia Judges: Latham CJ Rich J Starke Dixon J McTiernan J Williams J Subject References: Constitutional law Construction of statutes to prevent conflict with rules of international law Act authorising conscription of persons for defence purposes Legislative References: National Security Act 1939 No 15- ss 5, 13A National Security (Aliens Service) Regulations 1942 SR No 39-17 Hearing date: MELBOURNE 8 March 1945; 9 March 1945; 10 April 1945; Judgment date: 10 April 1945 Melbourne