FRENCH & ORS. V. McCARTHY & ORS.

FRENCH & ORS. V. McCARTHY & ORS.

Prices Regulation Order No. 1812, except for possible uncertainty in paragraph 7, was sufficiently clear and was a valid exercise of powers under the National Security (Prices) Regulations; any invalidity in paragraph 7 was severable, and the action was not maintainable as the order overall was valid and not unreasonably oppressive; therefore, the plaintiffs' claims for declarations and injunction failed.

Parties
Plaintiff: E & ORS.; Defendant: McCARTHY & ORS.; Defendant: Prices Commissioner; Defendant: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
26 October 1945
Procedural Posture
Original / Judgment
Outcome
action dismissed
Legal Topics
Validity of Subordinate Legislation, Jurisdiction of High Court, Declaratory Relief, Interpretation of Price Fixing Orders, Regulation of Prices During Wartime
Constitutional Law Administrative Law Validity of Subordinate Legislation Jurisdiction of High Court Declaratory Relief Interpretation of Price Fixing Orders Regulation of Prices During Wartime

Case Brief

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Parties

E & ORS.

Plaintiff

McCARTHY & ORS.

Defendant

Prices Commissioner

Defendant

Commonwealth of Australia

Defendant

Procedural Posture

Original / Judgment

Legal Issues

  1. 1 Whether Prices Regulation Order No. 1812 is invalid for lack of authority under the National Security (Prices) Regulations
  2. 2 Whether clause 7 of the Order is invalid or renders other clauses uncertain
  3. 3 Whether the Prices Regulations themselves are constitutionally valid

Ratio Decidendi

Prices Regulation Order No. 1812, except for possible uncertainty in paragraph 7, was sufficiently clear and was a valid exercise of powers under the National Security (Prices) Regulations; any invalidity in paragraph 7 was severable, and the action was not maintainable as the order overall was valid and not unreasonably oppressive; therefore, the plaintiffs' claims for declarations and injunction failed.

Court Disposition

action dismissed

Orders

  • Judgment for the defendants with costs.