McGraw-Hinds (Aust) Pty Ltd v Smith [1979] HCA 19

McGraw-Hinds (Aust) Pty Ltd v Smith [1979] HCA 19

Section 8, in so far as it includes the second limb of s. 8(3) and applies to interstate communication of price lists and offers, impermissibly burdens interstate trade, commerce, and intercourse and is invalid in that operation. The document received did not, when read as a whole, assert or imply a claim for payment within the first limb of s. 8(3). Statutory protection applies to the Crown as recipient, even though it is not bound as offender. The appeal must be allowed and the conviction set aside, with s. 8 to be read down as required by s. 4 of the Acts Interpretation Act.

Jurisdiction
Australia
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal allowed
Legal Topics
["interpretation of 'person' in Statute" 'application of S. 92 Constitution' 'unordered Goods and Services Act' 'crown Immunity' 'regulation of Trade Practices']
['constitutional Law' 'statutory Interpretation' 'commercial Law'] ["interpretation of 'person' in Statute" 'application of S. 92 Constitution' 'unordered Goods and Services Act' 'crown Immunity' 'regulation of Trade Practices']

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Does s. 8 of the Unordered Goods and Services Act, 1973 Q., as amended, apply when the assertion of a right to payment is made against the Crown?' "Does the definition of 'prescribed document' in s. 8(3) capture the document sent by the appellant?" 'Does s. 8, in its application to documents received from other States, contravene s. 92 of the Constitution?' "Should s. 8 be 'read down' to avoid unconstitutional operation as per Acts Interpretation Act, 1954 Q., s. 4?"]

Ratio Decidendi

Section 8, in so far as it includes the second limb of s. 8(3) and applies to interstate communication of price lists and offers, impermissibly burdens interstate trade, commerce, and intercourse and is invalid in that operation. The document received did not, when read as a whole, assert or imply a claim for payment within the first limb of s. 8(3). Statutory protection applies to the Crown as recipient, even though it is not bound as offender. The appeal must be allowed and the conviction set aside, with s. 8 to be read down as required by s. 4 of the Acts Interpretation Act.

Court Disposition

Appeal allowed

Orders

  • ['Order of the Full Court of the Supreme Court of Queensland set aside' 'Order that the order to review be discharged with costs' 'Appeal allowed with costs']