New South Wales v Commonwealth [1915] HCA 17

New South Wales v Commonwealth [1915] HCA 17

Sec. 101 of the Constitution does not empower the Commonwealth Parliament to establish the Inter-State Commission as a Court or vest it with judicial powers, thus Part V of the Inter-State Commission Act 1912 is invalid. The Wheat Acquisition Act 1914 (NSW), providing for compulsory acquisition of wheat, does not infringe sec. 92 of the Constitution so long as it does not, by its substance or terms, restrict inter-State trade and commerce; the Act is therefore valid.

Parties
Appellant/defendant: The State of New South Wales and Another; Respondent/plaintiff: The Commonwealth and Others; Intervener: Farmers and Settlers Association of New South Wales
Jurisdiction
Australia
Judgment Date
23 March 1915
Procedural Posture
Appeal and Motion / Judgment of High Court of Australia Following Appeal From Inter State Commission; Concurrent Motion for Injunction Instituted by Commonwealth
Outcome
Appeal allowed. Action dismissed.
Legal Topics
Powers of Parliament—commonwealth and State, Inter State Trade and Commerce, Validity of Legislation, Judicial Power—creation of Courts
Constitutional Law Powers of Parliament—commonwealth and State Inter State Trade and Commerce Validity of Legislation Judicial Power—creation of Courts

Case Brief

Summary, issues, holding and outcome

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Parties

The State of New South Wales and Another

Appellant/defendant

The Commonwealth and Others

Respondent/plaintiff

Farmers and Settlers Association of New South Wales

Intervener

Procedural Posture

Appeal and Motion / Judgment of High Court of Australia Following Appeal From Inter State Commission; Concurrent Motion for Injunction Instituted by Commonwealth

Legal Issues

  1. 1 Whether sec. 101 of the Constitution authorizes Parliament to constitute the Inter-State Commission as a Court and confer judicial powers including injunctions;
  2. 2 Whether the Inter-State Commission Act 1912 (Cth) Part V is valid;
  3. 3 Whether the Wheat Acquisition Act 1914 (NSW) infringes sec. 92 of the Constitution guaranteeing absolute freedom of inter-State trade and commerce;

Ratio Decidendi

Sec. 101 of the Constitution does not empower the Commonwealth Parliament to establish the Inter-State Commission as a Court or vest it with judicial powers, thus Part V of the Inter-State Commission Act 1912 is invalid. The Wheat Acquisition Act 1914 (NSW), providing for compulsory acquisition of wheat, does not infringe sec. 92 of the Constitution so long as it does not, by its substance or terms, restrict inter-State trade and commerce; the Act is therefore valid.

Court Disposition

Appeal allowed. Action dismissed.

Orders

  • Order of Inter-State Commission reversed/discharged.
  • Action by Commonwealth dismissed with costs.