Vardon v Commonwealth [1943] HCA 30

Vardon v Commonwealth [1943] HCA 30

The notice fixing the maximum price at 'cost plus 20%' failed to define 'cost,' which is an inherently uncertain term in this context. As a result, the notice did not fix a price within the meaning of reg. 23(1)(b) of the National Security (Prices) Regulations, rendering the notice invalid.

Parties
Plaintiff: George Henry Kelsell Vardon; Defendant: The Commonwealth; Defendant: D. B. Copland (Prices Commissioner); Defendant: McCarthy (Assistant Prices Commissioner); Defendant: Williamson (Secretary, Commonwealth Prices Branch)
Jurisdiction
Australia
Procedural Posture
Demurrer / Decision on Demurrer
Outcome
Demurrer overruled
Legal Topics
Price Control, Delegated Legislation, Interpretation of Regulations, Certainty Requirement, Defence Power
Administrative Law Constitutional Law Price Control Delegated Legislation Interpretation of Regulations Certainty Requirement Defence Power

Case Brief

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Parties

George Henry Kelsell Vardon

Plaintiff

The Commonwealth

Defendant

D. B. Copland (Prices Commissioner)

Defendant

McCarthy (Assistant Prices Commissioner)

Defendant

Williamson (Secretary, Commonwealth Prices Branch)

Defendant

Procedural Posture

Demurrer / Decision on Demurrer

Legal Issues

  1. 1 Whether a notice that fixes prices at 'cost plus 20%' is sufficiently certain to constitute a permissible fixation of price under the National Security (Prices) Regulations.
  2. 2 Whether the National Security (Prices) Regulations permit or require the Commissioner to define 'cost' in the price fixation notice.
  3. 3 Whether the order and notice are invalid due to uncertainty or improper delegation.

Ratio Decidendi

The notice fixing the maximum price at 'cost plus 20%' failed to define 'cost,' which is an inherently uncertain term in this context. As a result, the notice did not fix a price within the meaning of reg. 23(1)(b) of the National Security (Prices) Regulations, rendering the notice invalid.

Court Disposition

Demurrer overruled

Orders

  • The demurrer to the statement of claim is disallowed.
  • The notice dated 14th July 1943 is declared invalid for uncertainty.