Lukey v Edmunds [1916] HCA 25

Lukey v Edmunds [1916] HCA 25

Gas supplied by scheduled companies under the Gas Act 1912 is a 'necessary commodity' within the meaning of the Necessary Commodities Control Act 1914. The latter Act applies to all gas supplies, including those governed by prior special statutory provisions, and the principle generalia specialibus non derogant does not prevent the operation of the later general statute in this context, given the clear and unambiguous language and legislative intention.

Parties
Appellant/plaintiff: Robert John Lukey (on behalf of the Australian Gas Light Co.); Respondents/defendants: Honourable Walter Edmunds, Michael Joseph Connington, William White (members of the Commission) and Attorney-General for New South Wales
Jurisdiction
Australia
Judgment Date
11 April 1916
Procedural Posture
Appeal From Equity Suit / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Generalia Specialibus Non Derogant, Temporary War Time Legislation, Price Regulation, Gas Supply Pricing, Interaction of Special and General Statutes
Statutory Interpretation Regulatory Law Generalia Specialibus Non Derogant Temporary War Time Legislation Price Regulation Gas Supply Pricing Interaction of Special and General Statutes

Case Brief

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Parties

Robert John Lukey (on behalf of the Australian Gas Light Co.)

Appellant/plaintiff

Honourable Walter Edmunds, Michael Joseph Connington, William White (members of the Commission) and Attorney-General for New South Wales

Respondents/defendants

Procedural Posture

Appeal From Equity Suit / Judgment on Appeal

Legal Issues

  1. 1 Whether gas supplied by scheduled companies is a 'necessary commodity' under the Necessary Commodities Control Act 1914 (N.S.W.)
  2. 2 Whether sections 15-20 of the Gas Act 1912 (N.S.W.) prevent application of the later Act to scheduled gas suppliers
  3. 3 Application of the principle generalia specialibus non derogant in statutory interpretation

Ratio Decidendi

Gas supplied by scheduled companies under the Gas Act 1912 is a 'necessary commodity' within the meaning of the Necessary Commodities Control Act 1914. The latter Act applies to all gas supplies, including those governed by prior special statutory provisions, and the principle generalia specialibus non derogant does not prevent the operation of the later general statute in this context, given the clear and unambiguous language and legislative intention.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.