Horsey v Caldwell [1946] HCA 63

Horsey v Caldwell [1946] HCA 63

The Commissioner validly fixed maximum prices for meat in New South Wales by specifying different prices relating to areas defined as localities of sale; the order was authorized under regulations; powers to fix maximum prices generally and by notice may be exercised within the same order; the challenged provisions were severable and did not affect the validity of the order.

Parties
Informant/appellant: Leslie Rupert Horsey; Respondent/defendant: Henry Ernest Caldwell
Jurisdiction
Australia
Procedural Posture
Appeal (criminal) / High Court Appeal by Informant From a Decision of Court of Quarter Sessions Setting Aside a Conviction
Outcome
Appeal allowed. Conviction restored.
Legal Topics
Black Marketing Act Offences, National Security (prices) Regulations, Statutory Interpretation, Maximum Price Fixing, Order Validity and Severability
Criminal Law Administrative Law Black Marketing Act Offences National Security (prices) Regulations Statutory Interpretation Maximum Price Fixing Order Validity and Severability

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Parties

Leslie Rupert Horsey

Informant/appellant

Henry Ernest Caldwell

Respondent/defendant

Procedural Posture

Appeal (criminal) / High Court Appeal by Informant From a Decision of Court of Quarter Sessions Setting Aside a Conviction

Legal Issues

  1. 1 Whether Prices Regulation Order No. 2166 validly fixed maximum prices for meat in New South Wales under National Security (Prices) Regulations
  2. 2 Whether the inclusion of both general and individual maximum price-fixing powers in the same order is permitted
  3. 3 Whether the areas specified in the Order are 'parts of Australia' or 'localities of sale' under the regulations

Ratio Decidendi

The Commissioner validly fixed maximum prices for meat in New South Wales by specifying different prices relating to areas defined as localities of sale; the order was authorized under regulations; powers to fix maximum prices generally and by notice may be exercised within the same order; the challenged provisions were severable and did not affect the validity of the order.

Court Disposition

Appeal allowed. Conviction restored.

Orders

  • Order of the Court of Quarter Sessions set aside.
  • Order of the magistrate and conviction restored.