Lamshed v Lake [1958] HCA 14

Lamshed v Lake [1958] HCA 14

Section 10 of the Northern Territory (Administration) Act 1910-1955 is valid and operates in South Australia to prevent the application of s. 14 of the Road and Railway Transport Act 1930-1939 (S.A.) to a carrier engaged in trade between Adelaide and Alice Springs. Laws made by the Commonwealth Parliament under s. 122 may operate outside the territory and prevail over inconsistent State laws by virtue of s. 109 of the Constitution.

Parties
Complainant: Kenneth Harrold Lamshed; Defendant: Percy Lake; Intervener: Attorney-General for the State of South Australia; Amicus Curiae: Commonwealth of Australia
Jurisdiction
Australia
Procedural Posture
Special Case Removed to High Court Under S. 40 Judiciary Act 1903 1955 / Final Judgment
Outcome
question in special case stated answered No (defendant not guilty under the charge)
Legal Topics
Territory Laws, Inconsistency Between State and Commonwealth Law, Trade and Commerce, Operation of Commonwealth Laws Outside Territory, S. 122 Constitution Powers, S. 109 Constitution Inconsistency
Constitutional Law Territory Laws Inconsistency Between State and Commonwealth Law Trade and Commerce Operation of Commonwealth Laws Outside Territory S. 122 Constitution Powers S. 109 Constitution Inconsistency

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Parties

Kenneth Harrold Lamshed

Complainant

Percy Lake

Defendant

Attorney-General for the State of South Australia

Intervener

Commonwealth of Australia

Amicus Curiae

Procedural Posture

Special Case Removed to High Court Under S. 40 Judiciary Act 1903 1955 / Final Judgment

Legal Issues

  1. 1 Does s. 10 of the Northern Territory (Administration) Act 1910-1955 operate to render s. 14 of the Road and Railway Transport Act 1930-1939 (S.A.) inapplicable to the defendant?
  2. 2 Is s. 10 valid and able to operate outside the Northern Territory in South Australia?
  3. 3 Is legislation under s. 122 of the Constitution a law of the Commonwealth for purposes of s. 109?

Ratio Decidendi

Section 10 of the Northern Territory (Administration) Act 1910-1955 is valid and operates in South Australia to prevent the application of s. 14 of the Road and Railway Transport Act 1930-1939 (S.A.) to a carrier engaged in trade between Adelaide and Alice Springs. Laws made by the Commonwealth Parliament under s. 122 may operate outside the territory and prevail over inconsistent State laws by virtue of s. 109 of the Constitution.

Court Disposition

question in special case stated answered No (defendant not guilty under the charge)

Orders

  • The complainant to pay the costs of the special case