Tamar Timber Trading Co Pty Ltd v Pilkington [1968] HCA 15

Tamar Timber Trading Co Pty Ltd v Pilkington [1968] HCA 15

By majority, the High Court held that transportation of timber from the mill to the racking yard within Tasmania, even where the subsequent course of business is to send the timber inter-State for sale pursuant to an agency or sales agreement, does not constitute participation in inter-State trade at the time of the intra-State transport. Section 92 of the Constitution only protects activities that are themselves inter-State trade or integral to it; preparatory intra-State activities preceding the initiation of an inter-State journey are not themselves protected. The application of the Traffic Act 1925 (Tas) to the appellants' use of the vehicles was not inconsistent with s. 92, and the...

Jurisdiction
Australia
Procedural Posture
Appeal / Judgment of the High Court of Australia
Outcome
Appeals dismissed
Legal Topics
['section 92 of the Constitution' 'inter State Trade and Commerce' 'application of State Transport Legislation to Intra/inter State Movement' 'nature of Protected Trade Under S. 92' 'public Vehicle Licensing']
['constitutional Law' 'transport Law'] ['section 92 of the Constitution' 'inter State Trade and Commerce' 'application of State Transport Legislation to Intra/inter State Movement' 'nature of Protected Trade Under S. 92' 'public Vehicle Licensing']

Case Brief

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Procedural Posture

Appeal / Judgment of the High Court of Australia

Legal Issues

  1. 1 ['Does the transport of timber within Tasmania for eventual inter-State sale render its carriage protected by s. 92 of the Constitution?' "Is intra-State movement of goods preparatory to inter-State sale part of 'trade, commerce or intercourse among the States' under s. 92?" "Does s. 92 invalidate application of the Traffic Act 1925 (Tas) to the appellants' conduct?"]

Ratio Decidendi

By majority, the High Court held that transportation of timber from the mill to the racking yard within Tasmania, even where the subsequent course of business is to send the timber inter-State for sale pursuant to an agency or sales agreement, does not constitute participation in inter-State trade at the time of the intra-State transport. Section 92 of the Constitution only protects activities that are themselves inter-State trade or integral to it; preparatory intra-State activities preceding the initiation of an inter-State journey are not themselves protected. The application of the Traffic Act 1925 (Tas) to the appellants' use of the vehicles was not inconsistent with s. 92, and the...

Court Disposition

Appeals dismissed

Orders

  • ['Appeals dismissed with costs']