LOI AND ANOTHER V. THE TOBACCO LEAF MARKETING BOARD

Ue

iN THE HIGH COURT OF AUSTRALIA

'THE TOBACCO LEAF MARKETING BOARD

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i REASONS FOR JUDGMENT '

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Judgment delivered at___MELBOURNE ___

W, M, Houston, Gort. Print, Melb,

on

LOL AND ANOTHER

Ve

THE TOBACCO LEAF MARKETING BOARD

JUDGMENT MENZIE:

LOI_AND ANOTHER

Ve

THE TOBACCO NG BOARD

This is an application by the plaintiffs in an action by an individual tobacco grower from South Queensland and the South Queensland Tobacco Growers'. Co-operative Association Limited against the Tobacco Leaf Marketing Board of Queensland, which challenges the validity of part of the Primary Producers Organisation and Marketing Acts of Queens lamd and the Regulations made thereunder, or raises the question whether those Acts apply to the course of conduct that it is contemplated will be carried out pursuant to contracts that have been made between a large number of tobacco growers and the second named plaintiff.

The grounds of the challenge are constitutional and raise questions as to the application of both s. 90 and S. 92 of the Constitution to this Act and the Regulations and to the course of conduct to which I have referred, which, if and when it is carried out, will, it is claimed, constitute interstate trade. The action therefore involves matters of corasiderable importance to the plaintiffs, to the defendant, to the State of Queensland and to members of the public in Queensland.

The application is for a speedy trial, and although Mre Gibbs does not limit himself to a trial that will result in a Getermination by the 1st June, a good deal of his argument was addressed to the hardship that will follow unless this action can be finally disposed of by this Court before that date.

2.

The plaintiffs have delivered a comprehensive statement of claim to which the defendant has pleaded, and there are matters of fact which are in issue. The standing of the second plaintiff is also in issue.