Roadair Pty Ltd v Williams [1968] HCA 18

Roadair Pty Ltd v Williams [1968] HCA 18

The majority held that the case was governed by Beach v. Wagner and was not a 'border hopping' case. In the ordinary course of the appellant's business, the heavy goods destined for Wodonga could not practically be dropped there en route before the Albury depot processes occurred. The carriage across the border to Albury and back across the border to Wodonga therefore gave the whole carriage of those goods the character of inter-State carriage. The conviction under s. 22 (1) could not stand.

Jurisdiction
Australia
Procedural Posture
Appeal Against Conviction for Offence Under S. 22 (1) of the Commercial Goods Vehicles Act 1958 / High Court Appeal From Order of Conviction by the Court of Petty Sessions at Wodonga
Outcome
Appeal allowed with costs; conviction quashed; matter remitted to dismiss the information.
Legal Topics
['section 92 of the Constitution' 'commercial Goods Vehicle Licensing' 'inter State Carriage of Goods' 'commercial Goods Vehicles Act 1958']
['constitutional Law' 'transport Regulation' 'interstate Trade and Commerce'] ['section 92 of the Constitution' 'commercial Goods Vehicle Licensing' 'inter State Carriage of Goods' 'commercial Goods Vehicles Act 1958']

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Procedural Posture

Appeal Against Conviction for Offence Under S. 22 (1) of the Commercial Goods Vehicles Act 1958 / High Court Appeal From Order of Conviction by the Court of Petty Sessions at Wodonga

Legal Issues

  1. 1 ["Whether the appellant's vehicle, carrying goods from Melbourne through its Albury depot and back to Wodonga, was operating in inter-State trade, commerce or intercourse so as to be protected by s. 92 of the Constitution." "Whether s. 4 of the Commercial Goods Vehicles Act 1958 excluded the application of s. 22 (1) to the appellant's vehicle on the occasion charged." "Whether the carriage of goods ultimately destined for Wodonga acquired an inter-State character because the goods were carried across the border to Albury and then back to Wodonga as part of the appellant's ordinary business practice."]

Ratio Decidendi

The majority held that the case was governed by Beach v. Wagner and was not a 'border hopping' case. In the ordinary course of the appellant's business, the heavy goods destined for Wodonga could not practically be dropped there en route before the Albury depot processes occurred. The carriage across the border to Albury and back across the border to Wodonga therefore gave the whole carriage of those goods the character of inter-State carriage. The conviction under s. 22 (1) could not stand.

Court Disposition

Appeal allowed with costs; conviction quashed; matter remitted to dismiss the information.

Orders

  • ['Appeal allowed with costs.' 'Order of the Court of Petty Sessions at Wodonga set aside and conviction quashed.' 'Matter remitted to that Court to dismiss the information with such orders as to costs and otherwise as are proper.']