Mansell v Beck [1956] HCA 70

Mansell v Beck [1956] HCA 70

The restrictions imposed by ss. 20 and 21 of the Lotteries and Art Unions Act 1901-1944 (N.S.W.) do not infringe the freedom of inter-State trade, commerce, and intercourse guaranteed by s. 92 of the Constitution because they operate by reference to the gambling nature of lotteries, not to any essential attribute or element of inter-State activities. The statutes are not discriminatory and affect intra-State activities; any impact on inter-State commerce or intercourse is indirect and consequential.

Parties
Appellant: Mansell; Respondent: Beck; Appellant: Consolidated Press Limited; Respondent: Lewis
Jurisdiction
Australia
Judgment Date
25 October 1956
Procedural Posture
Appeals by Way of Case Stated / After Removal to the High Court and Full Hearing and Judgment
Outcome
Appeals dismissed
Legal Topics
Freedom of Inter State Trade, Commerce and Intercourse, State Gambling Regulations, Discrimination in Legislation Between Intra State and Inter State Activities
Constitutional Law Freedom of Inter State Trade, Commerce and Intercourse State Gambling Regulations Discrimination in Legislation Between Intra State and Inter State Activities

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 27 Party arguments 2 Amounts and remedies 8
Sign in to unlock

Parties

Mansell

Appellant

Beck

Respondent

Consolidated Press Limited

Appellant

Lewis

Respondent

Procedural Posture

Appeals by Way of Case Stated / After Removal to the High Court and Full Hearing and Judgment

Legal Issues

  1. 1 Whether s. 20 and s. 21 of the Lotteries and Art Unions Act 1901-1944 (N.S.W.) infringed s. 92 of the Commonwealth Constitution regarding freedom of inter-State trade, commerce, and intercourse
  2. 2 Whether prohibitions on publication and acceptance of money relating to foreign lotteries constitute a direct or indirect impediment to inter-State trade, commerce, or intercourse
  3. 3 Whether the activities in question are sufficiently part of inter-State trade or commerce or are merely intra-State or gambling activities

Ratio Decidendi

The restrictions imposed by ss. 20 and 21 of the Lotteries and Art Unions Act 1901-1944 (N.S.W.) do not infringe the freedom of inter-State trade, commerce, and intercourse guaranteed by s. 92 of the Constitution because they operate by reference to the gambling nature of lotteries, not to any essential attribute or element of inter-State activities. The statutes are not discriminatory and affect intra-State activities; any impact on inter-State commerce or intercourse is indirect and consequential.

Court Disposition

Appeals dismissed

Orders

  • Appeals to the Supreme Court (removed into the High Court) dismissed in both cases.
  • Increased costs occasioned by transfer to Melbourne to be paid by informant respondent to appellant.