R v Wilkinson; Brazell, Garlick and Coy, Ex p [1952] HCA 6

R v Wilkinson; Brazell, Garlick and Coy, Ex p [1952] HCA 6

The oral agreement was an executory agreement to sell and property did not pass until delivery; the charged disposal and receiving occurred when the potatoes were removed from Brazell's lorry into the railway truck. Because the agreement required consignment to Queensland and the potatoes were in fact consigned and transported for Queensland resale, that delivery was an essential and integral step in inter-State trade and commerce within the exception in s. 11 (3). The convictions therefore could not stand.

Jurisdiction
Australia
Procedural Posture
Appeals From Summary Convictions for Offences Under S. 11 (3) of the Marketing of Primary Products Act 1927 1940 / High Court Appeals From Convictions by a Court of Petty Sessions Exercising Federal Jurisdiction; Orders Nisi for Statutory Prohibition
Outcome
Appeals allowed with costs; orders nisi made absolute; convictions set aside; informations dismissed with costs.
Legal Topics
['s. 92 of the Constitution' 'inter State Trade and Commerce' 'marketing of Primary Products' 'summary Convictions' 'federal Jurisdiction' 'statutory Exception for Trade or Commerce Between the States']
['constitutional Law' 'trade and Commerce' 'criminal Law' 'statutory Interpretation'] ['s. 92 of the Constitution' 'inter State Trade and Commerce' 'marketing of Primary Products' 'summary Convictions' 'federal Jurisdiction' 'statutory Exception for Trade or Commerce Between the States']

Case Brief

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeals From Summary Convictions for Offences Under S. 11 (3) of the Marketing of Primary Products Act 1927 1940 / High Court Appeals From Convictions by a Court of Petty Sessions Exercising Federal Jurisdiction; Orders Nisi for Statutory Prohibition

Legal Issues

  1. 1 ['Whether the disposal by Brazell and receipt by Garlick and Coy of potatoes occurred in the course of trade or commerce between the States within the exception in s. 11 (3) of the Marketing of Primary Products Act 1927-1940.' 'Whether the High Court had jurisdiction where the defendants had raised s. 92 of the Constitution before the Court of Petty Sessions.' 'Whether s. 11 (3) applied notwithstanding proclamations vesting potatoes in the Potato Marketing Board under s. 5 (8).']

Ratio Decidendi

The oral agreement was an executory agreement to sell and property did not pass until delivery; the charged disposal and receiving occurred when the potatoes were removed from Brazell's lorry into the railway truck. Because the agreement required consignment to Queensland and the potatoes were in fact consigned and transported for Queensland resale, that delivery was an essential and integral step in inter-State trade and commerce within the exception in s. 11 (3). The convictions therefore could not stand.

Court Disposition

Appeals allowed with costs; orders nisi made absolute; convictions set aside; informations dismissed with costs.

Orders

  • ['Order allowed in each appeal as follows: Appeal allowed with costs.' 'Order absolute.' 'Conviction set aside.' 'In lieu thereof information dismissed with ten guineas costs.' 'The informations should be dismissed with costs in the Court of Petty Sessions, fixed at £10 10s. 0d. in each case.']