Hughes and Vale Pty Ltd v Gair [1954] HCA 73

Hughes and Vale Pty Ltd v Gair [1954] HCA 73

An application for injunction restraining the presentation of a Bill for Royal Assent should not be granted absent exceptional statutory provisions; the present case does not justify such relief. The applicant, if affected by the legislation once assented to, may then seek an appropriate remedy.

Parties
Plaintiff Applicant: Hughes and Vale Proprietary Limited; Defendants: Gair and Others
Jurisdiction
Australia
Judgment Date
02 December 1954
Procedural Posture
Application for Ex Parte Injunction / Motion Before the High Court
Outcome
Application for injunction refused
Legal Topics
Injunctions, Parliamentary Process, Presentation of Bills, Section 92 of the Constitution
Constitutional Law Injunctions Parliamentary Process Presentation of Bills Section 92 of the Constitution

Case Brief

Summary, issues, holding and outcome

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Parties

Hughes and Vale Proprietary Limited

Plaintiff Applicant

Gair and Others

Defendants

Procedural Posture

Application for Ex Parte Injunction / Motion Before the High Court

Legal Issues

  1. 1 Whether the court can grant an injunction restraining officers of parliament from presenting a bill for royal assent
  2. 2 Whether exceptional statutory provisions exist justifying such an injunction

Ratio Decidendi

An application for injunction restraining the presentation of a Bill for Royal Assent should not be granted absent exceptional statutory provisions; the present case does not justify such relief. The applicant, if affected by the legislation once assented to, may then seek an appropriate remedy.

Court Disposition

Application for injunction refused

Orders

  • Application refused