HORTEN-JAMESON AND ANOTHER V. THE COMMONWEALTH OF AUSTRALIA AND OTHERS

~ ORIGINAL \i

IN THE HIGH COURT OF AUST ,

| v. THE COMMONWEALTH OF AUSTRALIA REASONS FOR JUDGMENT. MR. JUSTICE WILLIAMS

Delivered at.

on...

40358 A. HL. Parivsr, Active Govr. Prue.

HORTEN JAMESON AND ANOTHER

-* QRIGINAL

THE COMMONWEALTH AND OTHERS

JUDGMENT WILLIAMS J.

6 This is an action brought by the plaintiffs, who carry on in partnership the business of motor spirit retailers under the name of the Transport Service Station at Darlinghurst Road, Kings Cross in the State of New South Wales, against the members of the Liquid Fuel Control Board, State of New South Wales, appointed pursuant to reg.13 of the National Security (Liquid Fuel) Regulations and the Commonwealth of Australia in respect of a purported cancellation by the Board by notice in writing on 5th June 1945 of a motor spirit retailers licence granted by the Board under the powers,conferred upon them by regs.25 and 26 to the plaintiff Horten-Jameson on 23rd March 1945.

2 Reg.26(2) provides, so far as material, that a motor . spirit retailers licence shall authorise the holder thereof to purchase quantities of motor spirit equivalent to the motor spirit ration tickets handed over to the bulk supplier from whom the motor spirit is purchased.

3 The notice of 5th June 1945, which was signed by the Secretary, omitting formal parts, wes agfollows:- "At the meeting of the State Liquid Fuel Control Board on the 4th June joss, it was resolved to cancel your motor spirit retailers licence. The grounds upon which the Board decided upon the aforementioned action are as follows:- (a) That you were in possession of ration tickets acquired otherwise than in accordance with the

National Security €Liquid Fuel) Regulations.

(b) That you did dispose of motor spirit ina

ag

manner contrary to that prescribed by the National

Security (Liquid Fuel) Regulations.