Poulton v Commonwealth [1956] HCA 59

Poulton v Commonwealth [1956] HCA 59

No special reason exists under s. 74 for granting a certificate; the questions raised are essentially federal, not of particular complexity, and accord with the policy that constitutional limits between Commonwealth and States should be determined by the High Court. The application is therefore refused.

Jurisdiction
Australia
Procedural Posture
Application for Certificate Under S.74 of the Constitution / Post Appeal, Application for Leave to Appeal to Privy Council
Outcome
Application dismissed with costs.
Legal Topics
['defence Power' 'distribution of Profits' 'acquisition of Property' 'inter Se Questions' 'section 74 Certificate' 'legislative Power' 'statutory Interpretation']
['constitutional Law'] ['defence Power' 'distribution of Profits' 'acquisition of Property' 'inter Se Questions' 'section 74 Certificate' 'legislative Power' 'statutory Interpretation']

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Procedural Posture

Application for Certificate Under S.74 of the Constitution / Post Appeal, Application for Leave to Appeal to Privy Council

Legal Issues

  1. 1 ['whether ss. 8(3) and 29 of the Wool Realization (Distribution of Profits) Act 1948-1952 are within the legislative power of the Commonwealth' 'whether the National Security (Wool) Regulations (S.R. 1939 No. 108—S.R. 1943 No. 88) were within that power' 'whether a certificate under s. 74 of the Constitution should be granted to permit appeal to Privy Council']

Ratio Decidendi

No special reason exists under s. 74 for granting a certificate; the questions raised are essentially federal, not of particular complexity, and accord with the policy that constitutional limits between Commonwealth and States should be determined by the High Court. The application is therefore refused.

Court Disposition

Application dismissed with costs.

Orders

  • ['Application under s. 74 of the Constitution dismissed.' 'Applicant to pay costs.']