Cann's Pty Ltd v Commonwealth [1946] HCA 5
The Court held that the Orders were invalid because the formulas and definitions enabled or required estimation, judgment, or discretion, and thus failed to provide an objective and certain standard for price calculation, contrary to the requirements under the Regulations.
- Parties
- Plaintiff: Cann's Proprietary Limited; Defendant: The Commonwealth; Defendant: John Albert Beasley
- Jurisdiction
- Australia
- Procedural Posture
- Demurrer / Judgment After Hearing on Demurrer
- Outcome
- Demurrer overruled; declaration granted
- Legal Topics
- Validity of Delegated Legislation, Certainty of Price Fixing Orders, Interpretation of National Security (prices) Regulations
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Cann's Proprietary Limited
Plaintiff
The Commonwealth
Defendant
John Albert Beasley
Defendant
Procedural Posture
Demurrer / Judgment After Hearing on Demurrer
Legal Issues
- 1 Whether the Orders validly fixed maximum prices under the relevant Regulations
- 2 Whether the Orders were void for uncertainty
- 3 Whether methods involving estimation and discretion invalidate a price-fixing order
Ratio Decidendi
The Court held that the Orders were invalid because the formulas and definitions enabled or required estimation, judgment, or discretion, and thus failed to provide an objective and certain standard for price calculation, contrary to the requirements under the Regulations.
Court Disposition
Demurrer overruled; declaration granted
Orders
- Declaration that paragraphs 5 and 6 of Prices Regulation Order No. 1454 as amended by Prices Regulation Order No. 1878 are void
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment