Brambles Holdings Ltd v Pilkington [1972] HCA 6

Brambles Holdings Ltd v Pilkington [1972] HCA 6

The carriage by the appellant from the mill to the railway at Devonport was part of an inter-State journey protected by s. 92, and the commercial necessity of re-packing at Hobart did not break the continuity of the inter-State journey; therefore, the conviction under the State licensing laws was invalid.

Jurisdiction
Australia
Procedural Posture
Appeal / High Court Judgment
Outcome
Appeal allowed; conviction set aside; complaint dismissed
Legal Topics
['s 92 of the Constitution' 'inter State Trade and Commerce' 'public Vehicle Licensing' 'continuous Journey']
['constitutional Law' 'transport Law'] ['s 92 of the Constitution' 'inter State Trade and Commerce' 'public Vehicle Licensing' 'continuous Journey']

Case Brief

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Procedural Posture

Appeal / High Court Judgment

Legal Issues

  1. 1 ['Whether the carriage of goods by the appellant constituted inter-State trade and commerce protected by s. 92 of the Constitution' 'Whether the process of off-loading and re-loading goods amounted to a break in a continuous inter-State journey, thereby removing constitutional protection']

Ratio Decidendi

The carriage by the appellant from the mill to the railway at Devonport was part of an inter-State journey protected by s. 92, and the commercial necessity of re-packing at Hobart did not break the continuity of the inter-State journey; therefore, the conviction under the State licensing laws was invalid.

Court Disposition

Appeal allowed; conviction set aside; complaint dismissed

Orders

  • ['Appeal allowed with costs' 'Conviction set aside' 'Complaint dismissed']