Stenhouse v Coleman [1944] HCA 36

Stenhouse v Coleman [1944] HCA 36

The Bread Industry (New South Wales) Order was made under valid authority conferred by regulation 59 of the National Security (General) Regulations pursuant to the National Security Act 1939-1943 and within the defence power of the Constitution. The Order's provisions regulating licensing of bread manufacture and...

Source-derived case information.

Parties
Applicant: Myrtle Grove Stenhouse; Respondent: John Joseph Coleman
Jurisdiction
Australia
Procedural Posture
Statutory Prohibition Application; Criminal Conviction Appeal / Final Determination on Rule Nisi, High Court Following Removal From Supreme Court of NSW
Outcome
Rule nisi discharged; prohibition refused.
Legal Topics
Defence Power, Ultra Vires, Sub Delegation of Legislative Powers, Validity of Regulations and Orders, Licensing of Bread Industry
Constitutional Law Administrative Law Criminal Law Defence Power Ultra Vires Sub Delegation of Legislative Powers Validity of Regulations and Orders Licensing of Bread Industry

Source-derived case record

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 5 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

Myrtle Grove Stenhouse

Applicant

John Joseph Coleman

Respondent

Procedural Posture

Statutory Prohibition Application; Criminal Conviction Appeal / Final Determination on Rule Nisi, High Court Following Removal From Supreme Court of NSW

Legal Issues

  1. 1 Whether the Bread Industry (New South Wales) Order made under the National Security (General) Regulations is ultra vires the National Security Act 1939-1943 and outside the defence power conferred by s. 51(vi) of the Constitution
  2. 2 Whether regulation 59 of the National Security (General) Regulations is authorized by the Act and Constitution
  3. 3 Whether Ministerial discretion under the regulations is examinable by the courts for constitutional validity

Ratio Decidendi

The Bread Industry (New South Wales) Order was made under valid authority conferred by regulation 59 of the National Security (General) Regulations pursuant to the National Security Act 1939-1943 and within the defence power of the Constitution. The Order's provisions regulating licensing of bread manufacture and distribution, and its connection to essential supplies during wartime, possess a real and substantial nexus to the defence power. Ministerial discretion is subject to legal limits and review; neither the regulation nor the Order is ultra vires.

Court Disposition

Rule nisi discharged; prohibition refused.

Orders

  • Order nisi for prohibition discharged with costs, including costs in Supreme Court.