Gyorgy v City of Greater Geraldton [2016] WASC 399

In Gyorgy v City of Greater Geraldton [2016] WASC 399 the appellant was convicted of offences under the Planning and Development Act 2005, and and appealed the decision, challenging the jurisdiction of the court, contending the council and the State government were trading companies “operating on state Acts and statutes which it doesn’t apply to this man at all” and that the Commonwealth Constitution had been disregarded. He further alleged that the Parliaments of the States nor the Commonwealth are not supreme or sovereign, and the States did not exit at Federation, they were created by 107 108 and 109 of the Constitution and gain their authority to Legislate referentially from the Constitution. The court responded:

“The propositions advanced by the Accused are based on fundamental misunderstandings and convoluted assertions as to the nature of the relationship between the Commonwealth and the States, and the States’ legislative powers to make laws for peace, order and good government: see Glew v Shire of Greenough [2006] WASCA 260Krysiak v Hodgson [2009] WASCA 114Glew v Governor of Western Australia[2009] WASCA 123Glew v City of Greater Geraldton [2012] WASCA 94Glew v White[2012] WASC 100Hedley v Spivey [2012] WASCA 116Basham v City of Joondalup [2015] WASC 345.

Click to access gyorgy-v-city-of-greater-geraldton-2016-wasc-399.pdf

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