Fish Board v Paradiso [1956] HCA 60

Fish Board v Paradiso [1956] HCA 60

Section 27(1) of The Fish Supply Management Acts 1935 to 1951 (Q.), in so far as it operates to prevent a purchaser of fish in the course of inter-State trade from dealing with it upon its delivery otherwise than by placing it at the disposal of the board, has an immediate and direct impact upon inter-State trade and constitutes an infringement of s. 92 of the Constitution.

Parties
Complainant: Fish Board; Defendant: Sam Paradiso
Jurisdiction
Australia
Judgment Date
15 October 1956
Procedural Posture
Criminal Complaint / Removal to High Court From Court of Petty Sessions, Determination on Constitutionality and Application of Queensland Statute
Outcome
complaint dismissed
Legal Topics
Freedom of Trade, Commerce and Intercourse Among the States, State Marketing Legislation, Market Controls, Section 92 of the Constitution
Constitutional Law Freedom of Trade, Commerce and Intercourse Among the States State Marketing Legislation Market Controls Section 92 of the Constitution

Case Brief

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Parties

Fish Board

Complainant

Sam Paradiso

Defendant

Procedural Posture

Criminal Complaint / Removal to High Court From Court of Petty Sessions, Determination on Constitutionality and Application of Queensland Statute

Legal Issues

  1. 1 Whether s. 27(1) of The Fish Supply Management Acts 1935 to 1951 (Q.) infringes s. 92 of the Constitution by imposing burdens on inter-State trade in fish
  2. 2 Whether the statutory requirement that all fish be sold under Board direction applies to fish delivered in the course of inter-State trade and its legality under the Constitution

Ratio Decidendi

Section 27(1) of The Fish Supply Management Acts 1935 to 1951 (Q.), in so far as it operates to prevent a purchaser of fish in the course of inter-State trade from dealing with it upon its delivery otherwise than by placing it at the disposal of the board, has an immediate and direct impact upon inter-State trade and constitutes an infringement of s. 92 of the Constitution.

Court Disposition

complaint dismissed

Orders

  • Complaint dismissed.
  • Costs of the defendant in the court of petty sessions and in this Court to be taxed and paid by the complainant board.