Wertheim v Commonwealth [1945] HCA 2
The Fly and Insect Sprays Order is invalid because its operative provisions extend beyond what appeared to the Minister to be necessary for the defence of the Commonwealth and permitted control of all fly sprays regardless of their composition, thus exceeding the regulation-making power granted under reg. 59 of the National Security (General) Regulations.
- Parties
- Plaintiff: Wertheim; Defendants: Commonwealth and Another
- Jurisdiction
- Australia
- Procedural Posture
- Demurrer / Judgment on Demurrer
- Outcome
- Demurrer overruled
- Legal Topics
- Scope of Ministerial Powers Under War Time Regulations, Validity of Delegated Legislation, Ultra Vires Orders, Defence Power, National Security (general) Regulations
Case Brief
Summary, issues, holding and outcome
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Parties
Wertheim
Plaintiff
Commonwealth and Another
Defendants
Procedural Posture
Demurrer / Judgment on Demurrer
Legal Issues
- 1 Whether the Fly and Insect Sprays Order is valid under regulation 59 of the National Security (General) Regulations
- 2 Whether the Order went beyond its stated objects and powers conferred upon the Minister
- 3 Whether the Order is ultra vires and void
Ratio Decidendi
The Fly and Insect Sprays Order is invalid because its operative provisions extend beyond what appeared to the Minister to be necessary for the defence of the Commonwealth and permitted control of all fly sprays regardless of their composition, thus exceeding the regulation-making power granted under reg. 59 of the National Security (General) Regulations.
Court Disposition
Demurrer overruled
Orders
- Demurrer overruled
- Liberty to apply
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