Peppers Self Service Stores Pty Ltd v Scott [1958] HCA 39
Regulation 39(b) was ultra vires as its requirements concerning origin labelling and ‘Board Eggs’ notification extended beyond purposes permitted by the Marketing of Primary Products Acts and relevant statutory powers (neither the general power nor s. 43(1)(b)(iv) nor (ix) authorised it).
- Parties
- Defendant: Peppers Self Service Stores Proprietary Limited; Informant (respondent): George Scott
- Jurisdiction
- Australia
- Procedural Posture
- Appeal / On Appeal From the Supreme Court of Victoria
- Outcome
- Appeal allowed
- Legal Topics
- Ultra Vires, Statutory Interpretation, Marketing of Primary Products, Egg and Egg Pulp Marketing Board Regulations
Case Brief
Summary, issues, holding and outcome
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Parties
Peppers Self Service Stores Proprietary Limited
Defendant
George Scott
Informant (respondent)
Procedural Posture
Appeal / On Appeal From the Supreme Court of Victoria
Legal Issues
- 1 Whether reg. 39(b) of the Egg and Egg Pulp Marketing Board Regulations 1953-1956 is valid under s. 43(1) of the Marketing of Primary Products Acts 1935-1953 (Vict.)
- 2 Whether the regulation can be justified under the statutory powers conferred by s. 43(1)(b)(iv) or s. 43(1)(b)(ix)
Ratio Decidendi
Regulation 39(b) was ultra vires as its requirements concerning origin labelling and ‘Board Eggs’ notification extended beyond purposes permitted by the Marketing of Primary Products Acts and relevant statutory powers (neither the general power nor s. 43(1)(b)(iv) nor (ix) authorised it).
Court Disposition
Appeal allowed
Orders
- Order of the Supreme Court discharged
- Order nisi to review made absolute
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