Fraser Henleins Pty Ltd v Cody [1945] HCA 49

Fraser Henleins Pty Ltd v Cody [1945] HCA 49

The High Court held that the language 'substantially identical goods' and 'substantially identical terms and conditions' in the Prices Regulation Order was not so vague as to render the Order invalid. The managing director had actual authority in company affairs to make statements to investigating officers, rendering such admissions admissible against the company. Even if some other clauses in Prices Regulation Order No. 1015 were invalid, clause 3 (the relevant price-fixing mechanism for goods previously sold) remained valid due to severability and statutory interpretation principles. Requirements for Attorney-General's consent after ministerial and committee advice before prosecution...

Parties
Appellant, Defendant: Fraser Henleins Proprietary Limited; Appellant, Defendant: Reginald Arthur Crowther; Respondent, Complainant: Herbert Bede Cody (Officer, Department of Trade and Customs)
Jurisdiction
Australia
Procedural Posture
Criminal Appeal (orders Nisi to Review Convictions) / High Court of Australia – Judgment on Appeal From Convictions and Magistrate’s Orders
Outcome
Appeals dismissed; orders nisi discharged.
Legal Topics
Price Control and Maximum Price Orders, Black Marketing and Summary Prosecution, Authority and Admissions of Corporate Officers, Validity and Severability of Delegated Legislation, Exercise of Judicial Power and Separation of Powers
Criminal Law Administrative Law Constitutional Law Company Law Price Control and Maximum Price Orders Black Marketing and Summary Prosecution Authority and Admissions of Corporate Officers Validity and Severability of Delegated Legislation +1 more

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Parties

Fraser Henleins Proprietary Limited

Appellant, Defendant

Reginald Arthur Crowther

Appellant, Defendant

Herbert Bede Cody (Officer, Department of Trade and Customs)

Respondent, Complainant

Procedural Posture

Criminal Appeal (orders Nisi to Review Convictions) / High Court of Australia – Judgment on Appeal From Convictions and Magistrate’s Orders

Legal Issues

  1. 1 Whether Prices Regulation Order No. 1015 (fixing prices by reference to 'substantially identical goods' and 'substantially identical terms and conditions') is void for uncertainty or otherwise invalid;
  2. 2 Whether evidence of admissions by a company's managing director regarding past transactions is admissible against the company;
  3. 3 Whether s. 4(4) of the Black Marketing Act 1942 (requiring Attorney-General's consent after committee advice before prosecution) involves exercise of judicial power in breach of s. 71 of the Constitution;

Ratio Decidendi

The High Court held that the language 'substantially identical goods' and 'substantially identical terms and conditions' in the Prices Regulation Order was not so vague as to render the Order invalid. The managing director had actual authority in company affairs to make statements to investigating officers, rendering such admissions admissible against the company. Even if some other clauses in Prices Regulation Order No. 1015 were invalid, clause 3 (the relevant price-fixing mechanism for goods previously sold) remained valid due to severability and statutory interpretation principles. Requirements for Attorney-General's consent after ministerial and committee advice before prosecution...

Court Disposition

Appeals dismissed; orders nisi discharged.

Orders

  • Convictions against Fraser Henleins Pty Ltd and Crowther upheld.
  • Company fined £2,000 and ordered to exhibit notices of conviction.