Bradshaw v Gilbert's (A/asian) Agency (Vic) Pty Ltd [1952] HCA 58

Bradshaw v Gilbert's (A/asian) Agency (Vic) Pty Ltd [1952] HCA 58

A contract for sale of declared goods at a price in excess of a maximum fixed by the Prices Regulation Act 1948 (Vic) is void and unenforceable, even if intended for export, where the statutory language is clear and contains no express exemption for exported goods.

Jurisdiction
Australia
Procedural Posture
Appeal / Decision on Appeal
Outcome
Appeal allowed
Legal Topics
['illegality of Contract' 'interpretation of Price Control Legislation' 'contracts for Export' 'statutory Construction']
['contract Law' 'statutory Illegality'] ['illegality of Contract' 'interpretation of Price Control Legislation' 'contracts for Export' 'statutory Construction']

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Procedural Posture

Appeal / Decision on Appeal

Legal Issues

  1. 1 ['Whether the Prices Regulation Act 1948 (Vic) applied to the sale of goods destined for export' 'Whether a contract in breach of a statutory price-fixing provision is void and unenforceable' 'Whether provisions of State law were inconsistent with certain Commonwealth regulations']

Ratio Decidendi

A contract for sale of declared goods at a price in excess of a maximum fixed by the Prices Regulation Act 1948 (Vic) is void and unenforceable, even if intended for export, where the statutory language is clear and contains no express exemption for exported goods.

Court Disposition

Appeal allowed

Orders

  • ['Judgment of the Supreme Court discharged' 'Judgment entered for the defendant with costs, including costs of pleadings, interrogatories, discoveries, and shorthand notes']