R v Gates [1928] HCA 39

R v Gates [1928] HCA 39

The contract between the Municipal Council of Sydney and Babcock & Wilcox Ltd. was an entire and indivisible contract for the erection and supply of a steam-raising plant in New South Wales; it was not a contract for trade and commerce with other countries within the meaning of sec. 51(1) of the Constitution....

Source-derived case information.

Parties
Prosecutor: The King; Respondent: Gates and Another; Applicant: Silas Young Maling; Principal: Municipal Council of Sydney; Other: Babcock & Wilcox Ltd.
Jurisdiction
Australia
Judgment Date
26 November 1928
Procedural Posture
Criminal / Appeal on Removal From Supreme Court of New South Wales to High Court
Outcome
rule nisi for writ of prohibition discharged; conviction affirmed
Legal Topics
Inconsistency of Laws, Secret Commissions, Trade and Commerce, Evidence
Constitutional Law Criminal Law Inconsistency of Laws Secret Commissions Trade and Commerce Evidence

Source-derived case record

Summary, issues, holding and outcome

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Parties

The King

Prosecutor

Gates and Another

Respondent

Silas Young Maling

Applicant

Municipal Council of Sydney

Principal

Babcock & Wilcox Ltd.

Other

Procedural Posture

Criminal / Appeal on Removal From Supreme Court of New South Wales to High Court

Legal Issues

  1. 1 Whether the municipal contract constituted 'trade and commerce with other countries, and among the States' within the meaning of sec. 51(1) of the Constitution
  2. 2 Whether sec. 3 of the Secret Commissions Prohibition Act 1919 (N.S.W.) was inconsistent with the Commonwealth Secret Commissions Act 1905 and therefore invalid under sec. 109 of the Constitution
  3. 3 Whether statements made by the applicant to a police inspector were admissible as evidence

Ratio Decidendi

The contract between the Municipal Council of Sydney and Babcock & Wilcox Ltd. was an entire and indivisible contract for the erection and supply of a steam-raising plant in New South Wales; it was not a contract for trade and commerce with other countries within the meaning of sec. 51(1) of the Constitution. Therefore, the State Act applied and was not inconsistent with the Commonwealth Act; the conviction under the Secret Commissions Prohibition Act 1919 (N.S.W.) was valid.

Court Disposition

rule nisi for writ of prohibition discharged; conviction affirmed

Orders

  • Rule nisi for writ of prohibition discharged
  • Conviction affirmed