Beach v Wagner [1959] HCA 24

Beach v Wagner [1959] HCA 24

The carriage of wool from Queensland to New South Wales, with subsequent transport to Brisbane, was part of inter-State trade protected by s.92 of the Constitution; therefore, the statutory provisions requiring licenses could not validly be applied to the appellant's conduct.

Jurisdiction
Australia
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
['inter State Trade' 'section 92 of the Constitution' 'licensing Requirements for Vehicles Transporting Goods']
['constitutional Law' 'transport Law'] ['inter State Trade' 'section 92 of the Constitution' 'licensing Requirements for Vehicles Transporting Goods']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ["Whether the appellant's carriage of goods constituted inter-State trade protected by s.92 of the Constitution" "Whether s.23 of the State Transport Facilities Acts 1946 to 1955 Q. could validly apply to the appellant's conduct"]

Ratio Decidendi

The carriage of wool from Queensland to New South Wales, with subsequent transport to Brisbane, was part of inter-State trade protected by s.92 of the Constitution; therefore, the statutory provisions requiring licenses could not validly be applied to the appellant's conduct.

Court Disposition

Appeal allowed

Orders

  • ['Conviction and order of the Court of Petty Sessions at Goondiwindi quashed' 'Information dismissed with costs to be taxed']