WHITNEY & ANOR. V. VEGETABLE SEEDS COMMITTEE & ORS.

ORIGINAL

IN THE HIGH COURT OF AUSTRALIA.

WHITNEY &

VEGETABLE SEEDS COMMITTEE & ORS.

REASONS. FOR JUDGMENT. |

Delivered at... SYDNEY on..FRIDAY, 28th

40358 A. HL. Prrrirse, Aoruna Gove. Prams.

WHITNEY & ANOR V. VEGETABLE SEEDS COMMITTEE & ORS.

JUDGMENT : WILLTAMS J.

On llth December 1944 the plaintiff Whitney contracted in writing to sell the seeds of four vegetable. crops which he was then growing to the plaintiff company. He applied to the defendant, the Vegetable Seeds Committee, a body incorporated under the National Security (Vegetable Seeds) Regulations, to be registered as a vegetable seed grower in respect of these erops. Regulation 15 provides so far as material that (1) any person who engages in the production of vegetable seeds may at any time before sowing the crop from which those seeds are to be produced (or, where the Committee, in special cases, permits, after sowing but during the growth of the crop) apply to the Committee to be registered as a vegetable seed grower in respect of that crop. (2) The Committee may, in its absolute discretion, register any such person as a vegetable seed grower, and may, at any time, for reasons for which it thinks fit, cancel the registration of any registered vegetable seed growere Regulation 16 provides that (1) A person shall not sell, exchange or in any way dispose of for valuable consideration any vegetable seeds produced by him unless he is a registered vegetable seed grower in respect of those seeds. (2) A registered vegetable seed grower shall no& sell, exchange or otherwise dispose of any vegetable seeds for valuable consider- ation otherwise than in accordance' with such direction, if any, as the Committee gives to him in writing.

On 2lst December 1944 he received a letter from the Chief Inspector of Horticulture, Department of Agriculture, Victoria, which, it is now admitted, was written with the authority of the Committee, stating that his application for registration as a vegetable seed grower under the regulations had been referred to that Department for report, and that the registration had been provisionally accepted subject to certain conditions which were enumerated. The letter then proceeded