Gratwick v Johnson [1945] HCA 7

Gratwick v Johnson [1945] HCA 7

Paragraph 3(a) of the Restriction of Interstate Passenger Transport Order is a direct prohibition on interstate intercourse and is therefore invalid for inconsistency with section 92 of the Constitution; the defence power does not override this guarantee.

Parties
Appellant; Complainant: Ernest Frederick Pether Gratwick; Respondent; Defendant: Dulcie Johnson
Jurisdiction
Australia
Procedural Posture
Appeal by Way of Order Nisi to Review / Appeal From Court of Petty Sessions; High Court Decision
Outcome
Appeal dismissed; order nisi discharged
Legal Topics
Section 92 of the Constitution, Freedom of Trade, Commerce and Intercourse Among the States, National Security, Defence Power
Constitutional Law Section 92 of the Constitution Freedom of Trade, Commerce and Intercourse Among the States National Security Defence Power

Case Brief

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Parties

Ernest Frederick Pether Gratwick

Appellant; Complainant

Dulcie Johnson

Respondent; Defendant

Procedural Posture

Appeal by Way of Order Nisi to Review / Appeal From Court of Petty Sessions; High Court Decision

Legal Issues

  1. 1 Whether paragraph 3(a) of the Restriction of Interstate Passenger Transport Order is inconsistent with Section 92 of the Constitution guaranteeing absolute freedom of intercourse among the States
  2. 2 Whether the impugned Order is valid as an exercise of the Commonwealth 'defence' power
  3. 3 Whether wartime defence concerns justify restrictions on inter-State travel

Ratio Decidendi

Paragraph 3(a) of the Restriction of Interstate Passenger Transport Order is a direct prohibition on interstate intercourse and is therefore invalid for inconsistency with section 92 of the Constitution; the defence power does not override this guarantee.

Court Disposition

Appeal dismissed; order nisi discharged

Orders

  • Appeal dismissed with costs
  • Order nisi discharged