Farey v Burvett [1916] HCA 36

Farey v Burvett [1916] HCA 36

By majority, the High Court held that the legislative powers of the Commonwealth Parliament under sections 51(vi) (defence power) and 51(xxxix) (incidental power) include the power during a state of war to fix, within locality limits, the highest price for bread, as such regulation is capable of aiding the defence of the Commonwealth during the war. The Court will not substitute its view for that of Parliament as to the desirability or necessity of such measures in wartime, nor inquire into necessity if the law is reasonably capable of aiding defence.

Parties
Appellant; Defendant: W. A. Farey; Respondent; Informant: Alfred Stephen Burvett
Jurisdiction
Australia
Judgment Date
08 June 1916
Procedural Posture
Appeal / On Appeal From a Court of Petty Sessions of Victoria to the High Court of Australia
Outcome
Appeal dismissed with costs
Legal Topics
Legislative Powers, Defence Power, Federalism, Intergovernmental Relations, Emergency Powers, War Precautions, Regulation of Prices
Constitutional Law Legislative Powers Defence Power Federalism Intergovernmental Relations Emergency Powers War Precautions Regulation of Prices

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 18 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

W. A. Farey

Appellant; Defendant

Alfred Stephen Burvett

Respondent; Informant

Procedural Posture

Appeal / On Appeal From a Court of Petty Sessions of Victoria to the High Court of Australia

Legal Issues

  1. 1 Whether the Commonwealth Parliament has power during a state of war to fix within limits of locality the highest price which may be charged for bread, pursuant to the defence power under sections 51(vi) and (xxxix) of the Constitution.

Ratio Decidendi

By majority, the High Court held that the legislative powers of the Commonwealth Parliament under sections 51(vi) (defence power) and 51(xxxix) (incidental power) include the power during a state of war to fix, within locality limits, the highest price for bread, as such regulation is capable of aiding the defence of the Commonwealth during the war. The Court will not substitute its view for that of Parliament as to the desirability or necessity of such measures in wartime, nor inquire into necessity if the law is reasonably capable of aiding defence.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Conviction of the appellant affirmed