FRENCH & ORS. V. McCARTHY & ORS.

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IN THE HIGH COURT OF vite

REASONS FOR JUDGMENT.

Delivered at. me wh

40058 A. Porren, Acre Gove. Pum

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ORIGINAL

E & ORS.

McCARTHY & ORS.

JUDGMENT. WILL:

JUDGMENT.

FRENCH & ORS.

Ve McCARTHY & ORS.

WILLIAMS J.

The plaintiffs are a number of persons who carry on the business of milk bar and refreshment room proprietors and similar businesses in the Sydney metropolitan area, and in the course of their business sell aerated waters, a variety of drinks of which milk is an ingredient, and various forms of fruit drinks, and they have brought this action against the/ Prices Commissioner (and by amendment against the Prices Commissioner) and the Commonwealth of Australia, claiming: - 1. A declaration that Prices Regulation Order No. 1812 is invalid on the ground that it is not authorised by the National Security (Prices) Regulations. 2. A declaration that if the whole of the said Order is not invalid clause 7 thereof is invalid. 3. A declaration that if the Regulations authorise the making of the said Order they are invalid. 4. An injunction restraining the Defendants and each of them their servants and agents from enforcing the Order or : otherwise interfering with the Plaintiffs in the conduct of their businesses. 5. Damages. The order, which was made by the Acting Prices Commissioner and gazetted on 13th November 1944, is intituled "Soft Drinks and Aerated Waters Sydney" y and b> Al OUT im ARLE My fel CAAT i Beca the validity of the order on a number of grounds, put before proceeding to formulate these grounds it will be convenient to deal in the first instance with the preliminary objections raised by Mr. Sugerman for the defendants that this Court has no jurisdiction to enter- tain the action. Mr. Barwick, having been granted leave to amend the statement of claim to include a claim for an injunction to restrain the Commissioner exercising his powers under paragraph 7 of the order, submitted that the Court had jurisdiction under three heads: (1) that the Commonwealth is a party to the action so that there is jurisdiction under the Constitution, sec. 75(iii).