Shanahan v Scott [1957] HCA 4

Shanahan v Scott [1957] HCA 4

Regulation 44 was ultra vires because, although a regulation preventing chilling or preservation of eggs vested in the Board while so vested would be ancillary to the statutory marketing scheme, reg. 44 applied to all eggs, including eggs not vested in the Board, eggs beyond the Board's powers, eggs brought from another State, and eggs already sold unconditionally by the Board. The regulation therefore supplemented and extended the legislative plan into general control over the use, handling or disposition of eggs, rather than carrying into effect the collective marketing scheme authorised by the Acts.

Jurisdiction
Australia
Procedural Posture
Appeal by Special Leave / High Court Appeal From an Order of the Supreme Court Making Absolute an Order Nisi to Review a Magistrate's Dismissal of an Information
Outcome
Appeal allowed with costs; reg. 44 held ultra vires.
Legal Topics
['validity of Subordinate Legislation' 'ultra Vires Regulations' 'marketing of Primary Products' 'cold Storage and Preservation of Eggs' 'ancillary Regulation Making Powers']
['administrative Law' 'statutory Interpretation' 'constitutional Law'] ['validity of Subordinate Legislation' 'ultra Vires Regulations' 'marketing of Primary Products' 'cold Storage and Preservation of Eggs' 'ancillary Regulation Making Powers']

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Procedural Posture

Appeal by Special Leave / High Court Appeal From an Order of the Supreme Court Making Absolute an Order Nisi to Review a Magistrate's Dismissal of an Information

Legal Issues

  1. 1 ['Whether reg. 44 of the Egg and Egg Pulp Marketing Board Regulations 1953 was authorised by s. 43 (1) of the Marketing of Primary Products Acts 1935-1953.' "Whether a regulation prohibiting the placing of eggs in cold storage premises or subjecting eggs to preservative treatment without the Board's consent was a valid regulation for or with respect to storage, or necessary or expedient for the administration or objects of the Acts."]

Ratio Decidendi

Regulation 44 was ultra vires because, although a regulation preventing chilling or preservation of eggs vested in the Board while so vested would be ancillary to the statutory marketing scheme, reg. 44 applied to all eggs, including eggs not vested in the Board, eggs beyond the Board's powers, eggs brought from another State, and eggs already sold unconditionally by the Board. The regulation therefore supplemented and extended the legislative plan into general control over the use, handling or disposition of eggs, rather than carrying into effect the collective marketing scheme authorised by the Acts.

Court Disposition

Appeal allowed with costs; reg. 44 held ultra vires.

Orders

  • ['Appeal allowed with costs.' 'Order of Supreme Court discharged; in lieu thereof order that the order nisi to review be discharged with costs.']