Shanahan v Scott [1957] HCA 4

Shanahan v Scott [1957] HCA 4

Regulation 44 was not within the particular or general regulation-making power conferred by s. 43(1), as it applied not only to eggs vested in the board but also to eggs outside the board's control, thereby extending the legislative plan beyond its prescribed scope. The regulation was therefore ultra vires.

Parties
Defendant/appellant: Henry Shanahan; Informant/respondent: George Scott; Egg and Egg Pulp Marketing Board
Jurisdiction
Australia
Judgment Date
15 February 1957
Procedural Posture
Appeal / On Appeal From the Supreme Court of Victoria
Outcome
Appeal allowed
Legal Topics
Validity of Delegated Legislation, Ultra Vires, Egg Marketing Regulation, Collective Marketing of Agricultural Products
Administrative Law Validity of Delegated Legislation Ultra Vires Egg Marketing Regulation Collective Marketing of Agricultural Products

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Parties

Henry Shanahan

Defendant/appellant

George Scott

Informant/respondent

Egg and Egg Pulp Marketing Board

Procedural Posture

Appeal / On Appeal From the Supreme Court of Victoria

Legal Issues

  1. 1 Whether Regulation 44 of the Egg and Egg Pulp Marketing Board Regulations 1953 is ultra vires the Marketing of Primary Products Acts 1935-1953 (Vic.) and invalid

Ratio Decidendi

Regulation 44 was not within the particular or general regulation-making power conferred by s. 43(1), as it applied not only to eggs vested in the board but also to eggs outside the board's control, thereby extending the legislative plan beyond its prescribed scope. The regulation was therefore ultra vires.

Court Disposition

Appeal allowed

Orders

  • Order of Supreme Court discharged
  • Order nisi to review discharged with costs