High Court of Australia
cuss,
aw- & Gt!
IN THE HIGH COURT OF AUSTRALIA.
JACOBS,
REASONS FOR JUDGMENT.
Judgment delivered at Melbourne,
on......... Priday.........&.8%b.March 19s...
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JACOBS _V. GRAY OTR DER.
Order discharging order nisi set aside. I n lieu thereof order that the order nisi to review be made absolute, the conviction of the appellant and order of Magistrate set aside and that the respondent pay to the appellant the costs of this appeal, of the two orders in the Supreme Court and of the pro- ceedings before the Magistrate.
Judgment,
JACOBS
v.
GRAY.
Rich A.C.d.
as
JACOBS V_ GRAY Judgment. Rich A.C.d,
This is an appeal by special leave from an order discharging an order nisi to review. The relevant facts of the case are that purporting to act under regulation 37 of the Egg and Egg Pulp Marketing Board Regulations 1937 made in pursuance of Sec. 43 of the Marketing of Primary Products Act 1935 (Victomia) the respondent gave a notice to the appellant dated the 2nd September 1940 requiring him to furnish to the respondent at the office of the Board a return in or to the effect of Form 5 of the Schedule to the Regulations "setting out the number of eggs produced by your fowls during the period from the Ist day of July 1938 to the 30September 1939, the manner in which and the name and address of the person or persons to whom such eggs were disposed of." The appellant did not comply with this notice whereupon an information was laid against him. Upon the hearing of the information the Police Magistrate convicted and fined the appellant. The appellant then obtained an order nisi to review on the ground that the notice in question was not authonised by the
regulation and that it was no offence for the appellant to omit to
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comply with the notice. This order nisi was discharged by O'Bryan J.
The Question for our determination is whether the notice in question comes within the terms of the regulation. The regulation so far as material reads :-""Any officer, servant, or employee of the Boara " duly authorized by the Board in that behalf may from time to time, and at any time by notice in writing order any producer, who owns or
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