Russell v Walters [1957] HCA 21

Russell v Walters [1957] HCA 21

The character of inter-State commerce attached to the journey of the fruit from its departure from Deacon's premises in Melbourne until its arrival at Walters's premises in Launceston. The journey was a single inter-State transaction, and the Traffic Act's permit requirements, imposing a burden on that journey, are inconsistent with s. 92 of the Constitution and cannot validly be applied.

Parties
Complainant: Horace Randall Russell; Defendant: Geoffrey Henry Walters; Defendant: Brien Michael Richardson; Amicus Curiae: State of Tasmania
Jurisdiction
Australia
Judgment Date
08 April 1957
Procedural Posture
Complaint (criminal Prosecution Removed to High Court) / Final Judgment (after Removal From Petty Sessions)
Outcome
Informations dismissed
Legal Topics
Freedom of Inter State Trade, Validity of State Licensing Requirements, S.92 Constitution, Public Vehicle Licensing, Inter State V Intra State Trade, Application of Permit Systems to Inter State Trade
Constitutional Law (cth.) Transport Law Administrative Law Freedom of Inter State Trade Validity of State Licensing Requirements S.92 Constitution Public Vehicle Licensing Inter State V Intra State Trade +1 more

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Parties

Horace Randall Russell

Complainant

Geoffrey Henry Walters

Defendant

Brien Michael Richardson

Defendant

State of Tasmania

Amicus Curiae

Procedural Posture

Complaint (criminal Prosecution Removed to High Court) / Final Judgment (after Removal From Petty Sessions)

Legal Issues

  1. 1 Whether the transport of fruit from Burnie to Launceston by Walters constituted inter-State trade protected by s. 92 of the Constitution
  2. 2 Whether the application of the Tasmanian Traffic Act licensing and permit requirements to such transport was invalid under s. 92

Ratio Decidendi

The character of inter-State commerce attached to the journey of the fruit from its departure from Deacon's premises in Melbourne until its arrival at Walters's premises in Launceston. The journey was a single inter-State transaction, and the Traffic Act's permit requirements, imposing a burden on that journey, are inconsistent with s. 92 of the Constitution and cannot validly be applied.

Court Disposition

Informations dismissed

Orders

  • Both informations dismissed.
  • Complainant to pay the costs of the complaint in the High Court, including costs of removal, and the costs in the Court of Petty Sessions.