Lamshed v Lake [1958] HCA 14

Lamshed v Lake [1958] HCA 14

Section 10 of the Northern Territory (Administration) Act is a valid exercise of the s. 122 power and operates as law throughout Australia, so as to prevail over the inconsistent application of s. 14 of the Road and Railway Transport Act 1930-1939 S.A.; therefore, the defendant is not guilty of the offence charged as his activity was protected by s. 10.

Jurisdiction
Australia
Procedural Posture
Special Case Stated Under Order 35 Rule 1 / Judgment
Outcome
By majority, question answered No; complainant to pay costs.
Legal Topics
['interstate Trade' 'territorial Powers' 'inconsistency Between Commonwealth and State Law' 'freedom of Trade and Intercourse']
['constitutional Law' 'administrative Law' 'transport Law'] ['interstate Trade' 'territorial Powers' 'inconsistency Between Commonwealth and State Law' 'freedom of Trade and Intercourse']

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Procedural Posture

Special Case Stated Under Order 35 Rule 1 / Judgment

Legal Issues

  1. 1 ['Does s. 10 of the Northern Territory (Administration) Act 1910-1955 operate outside the Northern Territory to limit South Australian law?' 'Is s. 10 a valid exercise of Commonwealth power under s. 122 of the Constitution?' 'Does s. 10 invalidate s. 14 of the Road and Railway Transport Act 1930-1939 S.A. by s. 109 of the Constitution?']

Ratio Decidendi

Section 10 of the Northern Territory (Administration) Act is a valid exercise of the s. 122 power and operates as law throughout Australia, so as to prevail over the inconsistent application of s. 14 of the Road and Railway Transport Act 1930-1939 S.A.; therefore, the defendant is not guilty of the offence charged as his activity was protected by s. 10.

Court Disposition

By majority, question answered No; complainant to pay costs.

Orders

  • ["Question stated answered 'No'" 'Complainant to pay the costs of the special case']