Wragg v New South Wales [1953] HCA 34

Wragg v New South Wales [1953] HCA 34

The challenged New South Wales price-fixing legislation and order operated generally on sales of potatoes within New South Wales. Once the imported potatoes had been delivered from the wharf, further sales were domestic trade; and the stated facts did not establish that ex-wharf sales by primary wholesalers were inseparable parts of inter-State importation. Any effect of maximum prices on the ability or willingness of traders to import Tasmanian potatoes was an indirect economic consequence, not a direct legal burden or restriction on inter-State trade protected by s. 92. The plaintiffs therefore were not entitled to relief and could not sell above the prescribed maximum prices.

Jurisdiction
Australia
Procedural Posture
Case Stated / Questions in the Case Stated Answered by the Full Court and Remitted to Fullagar J.
Outcome
None of the plaintiffs was entitled to relief; the questions in the case stated were answered against the plaintiffs and the case stated was remitted to Fullagar J.
Legal Topics
['section 92 of the Constitution' 'inter State Trade and Commerce' 'state Maximum Price Fixing Legislation' 'imported Tasmanian Potatoes' 'domestic Trade Within New South Wales']
['constitutional Law' 'trade and Commerce' 'price Regulation'] ['section 92 of the Constitution' 'inter State Trade and Commerce' 'state Maximum Price Fixing Legislation' 'imported Tasmanian Potatoes' 'domestic Trade Within New South Wales']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Case Stated / Questions in the Case Stated Answered by the Full Court and Remitted to Fullagar J.

Legal Issues

  1. 1 ['Whether the Prices Regulation Act 1948-1949 N.S.W. and Prices Regulation Order No. 322 infringed s. 92 of the Constitution by fixing maximum prices for potatoes imported from Tasmania and sold in New South Wales.' 'Whether potatoes imported from Tasmania could lawfully be sold in New South Wales by primary wholesalers, secondary wholesalers or retailers at prices exceeding maximum prices fixed under New South Wales price regulation orders.' 'Whether sales by primary wholesalers ex wharf formed part of inter-State trade protected by s. 92.']

Ratio Decidendi

The challenged New South Wales price-fixing legislation and order operated generally on sales of potatoes within New South Wales. Once the imported potatoes had been delivered from the wharf, further sales were domestic trade; and the stated facts did not establish that ex-wharf sales by primary wholesalers were inseparable parts of inter-State importation. Any effect of maximum prices on the ability or willingness of traders to import Tasmanian potatoes was an indirect economic consequence, not a direct legal burden or restriction on inter-State trade protected by s. 92. The plaintiffs therefore were not entitled to relief and could not sell above the prescribed maximum prices.

Court Disposition

None of the plaintiffs was entitled to relief; the questions in the case stated were answered against the plaintiffs and the case stated was remitted to Fullagar J.

Orders

  • ['Question 1: None of the plaintiffs is entitled to any part of the relief claimed.' 'Question 2(a): No.' 'Question 2(b): No.' 'Question 2(c): No.' 'Question 3: No.' 'Case stated remitted to Fullagar J. with these answers.' 'Costs of the case stated to abide the order of the judge on the further hearing of the suit.']