R v Wilkinson; Ex parte Brazell, Garlick and Coy [1952] HCA 6

R v Wilkinson; Ex parte Brazell, Garlick and Coy [1952] HCA 6

The delivery and receipt of the potatoes as found in the present facts were in the course of trade and commerce between the States. The agreement involved consignment from New South Wales to Queensland, forming an integral step in inter-State commerce. Thus, s. 11(3) Marketing of Primary Products Act 1927-1940 (NSW) did not attach, convictions could not be sustained, and the informations should be dismissed. The constitutional guarantee of free inter-State trade under s. 92 supports this outcome.

Parties
Prosecutor: The Queen; Informant/respondent: Rudolph Wilkinson; Applicant/appellant: Arthur Henry Brazell; Applicant/appellant: Ernest Richard Garlick; Applicant/appellant: Francis Clements Coy; Interveners: States of New South Wales and Queensland; Intervener: Commonwealth
Jurisdiction
Australia
Procedural Posture
Criminal Appeal (prohibition Against Summary Conviction) / Final Appellate Judgment
Outcome
Appeals allowed. Convictions set aside. Informations dismissed with costs.
Legal Topics
Freedom of Inter State Trade (s.92), Marketing of Primary Products, State Statutory Offences and Exceptions, Constitutional Validity of State Law
Constitutional Law Trade and Commerce Criminal Law Freedom of Inter State Trade (s.92) Marketing of Primary Products State Statutory Offences and Exceptions Constitutional Validity of State Law

Case Brief

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Parties

The Queen

Prosecutor

Rudolph Wilkinson

Informant/respondent

Arthur Henry Brazell

Applicant/appellant

Ernest Richard Garlick

Applicant/appellant

Francis Clements Coy

Applicant/appellant

States of New South Wales and Queensland

Interveners

Commonwealth

Intervener

Procedural Posture

Criminal Appeal (prohibition Against Summary Conviction) / Final Appellate Judgment

Legal Issues

  1. 1 Whether the sale and delivery of potatoes by a producer in NSW to a buyer/agent was 'in the course of trade or commerce between the States' within s. 11(3) Marketing of Primary Products Act 1927-1940 (NSW), thus within the statutory exception and/or the constitutional guarantee of s. 92 of the Constitution
  2. 2 Whether convictions should be quashed if transactions found to be inter-State trade
  3. 3 Whether the legislative scheme (vesting etc.) infringed s.92 of the Constitution

Ratio Decidendi

The delivery and receipt of the potatoes as found in the present facts were in the course of trade and commerce between the States. The agreement involved consignment from New South Wales to Queensland, forming an integral step in inter-State commerce. Thus, s. 11(3) Marketing of Primary Products Act 1927-1940 (NSW) did not attach, convictions could not be sustained, and the informations should be dismissed. The constitutional guarantee of free inter-State trade under s. 92 supports this outcome.

Court Disposition

Appeals allowed. Convictions set aside. Informations dismissed with costs.

Orders

  • Appeals allowed with costs.
  • Convictions set aside.