Grech v Bird [1936] HCA 59

Grech v Bird [1936] HCA 59

The regulation was ultra vires the Act because it required statutory declarations under compulsion, subjecting persons to possible penalties beyond those authorized by the Marketing of Primary Products Act; such a requirement could only be imposed by clear legislative authority, which was absent here.

Parties
Appellant: Dolores Grech; Respondent: Harry Bird; Respondent: Egg Marketing Board
Jurisdiction
Australia
Procedural Posture
Appeal / High Court Appeal From Supreme Court of New South Wales (full Court)
Outcome
Appeal allowed
Legal Topics
Ultra Vires Regulations, Marketing of Primary Products, Penalties Under Subordinate Legislation, Statutory Declarations
Administrative Law Statutory Interpretation Ultra Vires Regulations Marketing of Primary Products Penalties Under Subordinate Legislation Statutory Declarations

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Parties

Dolores Grech

Appellant

Harry Bird

Respondent

Egg Marketing Board

Respondent

Procedural Posture

Appeal / High Court Appeal From Supreme Court of New South Wales (full Court)

Legal Issues

  1. 1 Whether the regulation requiring statutory declarations from egg producers was within the power conferred by the Marketing of Primary Products Act 1927-1934 (N.S.W.)
  2. 2 Whether the regulation exposed respondents to penalties beyond what the Act permitted
  3. 3 Whether a statutory declaration can be compelled without express statutory authority

Ratio Decidendi

The regulation was ultra vires the Act because it required statutory declarations under compulsion, subjecting persons to possible penalties beyond those authorized by the Marketing of Primary Products Act; such a requirement could only be imposed by clear legislative authority, which was absent here.

Court Disposition

Appeal allowed

Orders

  • Order of Supreme Court discharged
  • Order nisi for statutory prohibition made absolute