Graham v Paterson [1950] HCA 9

High Court of Australia Latham C.J. McTiernan, Williams, Webb and Fullagar JJ. Graham v Paterson [1950] HCA 9

ORDER Appeal dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

May 15 Latham C.J.

This appeal comes to this Court under the Judiciary Act 1903-1948, s. 39 (2) (b). The appellants were convicted of an offence against s. 43 of The Profiteering Prevention Act of 1948 Q.. Section 43 provides that a person shall not sell any declared goods at a greater price than the maximum price fixed in relation thereto by or under the Act for the sale of those goods. The defendants contended, inter alia, that the Act was invalid because, in providing for the fixing of prices for the sale of goods, it infringed s. 92 of the Constitution of the Commonwealth, which provides: "On the imposition of uniform duties of customs, trade, commerce and intercourse among the States, whether by means of internal carriage or ocean navigation, shall be absolutely free."

In the first place, the appellants contend that there was no evidence that, even if the Act is valid, they committed the offence with which they were charged. The precise charge was that the appellants "did contravene a provision of Part III. of " The Profiteering Prevention Act of 1948 " in that contrary to the provisions of Section 43 of the said Act they the said Charles Graham and Frank Akehurst did sell by offering for sale declared goods namely a standard loaf of bread at a price of Eightpence such price being a greater price than the maximum price to wit Sevenpence halfpenny fixed in relation thereto under the said " The Profiteering Prevention Act of 1948 " for the sale of such goods." It was proved that bread was "declared goods" under the Act and that a price of sevenpence halfpenny had been fixed under the Act for a two-pound loaf of bread. Section 6 of the Act provides that "sell" includes, inter alia, offer or expose for sale. Section 43 (6) provides that for the purpose of s. 43 "a person shall be deemed to sell by offering for sale goods if he notifies the price or rate proposed by him for a sale of the goods by the publication of a price list, by furnishing a quotation, by exposing the goods for sale in association with a mark indicating price, or otherwise howsoever." The evidence of the complainant, who was an investigating officer belonging to the Prices Branch, was that he entered the defendants' baker's shop in Coolangatta in Queensland, which is a town very close to the border of New South Wales, and bought a two-pound loaf of bread for which he was charged eightpence. The defendants told the officer that the saleswoman who sold the bread at that price did so with their authority. The facts stated showed that the defendants notified, by their servant, a price for a sale of the bread. That price was a greater price than that fixed for a two-pound loaf of bread and therefore there was evidence upon which the defendants, if the Act were valid, could properly be convicted of the offence of selling by offering for sale in breach of the Act.