Greutner v Everard [1960] HCA 33

High Court of Australia Dixon C.J. McTiernan, Fullagar, Kitto, Taylor, Menzies and Windeyer JJ. Greutner v Everard [1960] HCA 33

ORDER Order in each appeal:—Appeal dismissed with costs.

Cur. adv. vult.

June 6 Dixon C.J.

These are two independent cases in which it is claimed that certain provisions of what is now s. 33 (1) of the Motor Car Act 1958 Vict. are inconsistent with s. 92 of the Constitution of the Commonwealth. The paragraphs of s. 33 (1) which are involved in the respective cases are not the same but much the same considerations govern their operation upon inter-State haulage and it is convenient to deal with the cases together. They are appeals from summary convictions for offences against s. 32 by defendants who at the time of the offences were engaged in inter-State trade. Section 92 was relied upon for the defendants as a defence and for that reason the jurisdiction of the respective Courts of Petty Sessions became federal so that the appeals lie direct to this Court.

In the case of Greutner the charge was under what is now s. 33 (1) (d) which provides that a motor car shall not, except in accordance with a special permit granted under Div. 2, be used on the highway in any of the following cases: (a) (b) (c) (d) if, in the case of an articulated motor car, the overall length of the motor car exceeds forty-five feet. By a definition contained in s. 3 (1) overall length comprises the total length of the motor car and the trailer including the load, as well as the space (if any) between the motor car and the trailer. Section 33 (1) (d) provides an alternative limitation in the measurement of the rear portion of the load and also contains a proviso, but it is unnecessary to refer to that part of the paragraph.

On 28th January 1959, the defendant, without a special permit, drove a semi-trailer motor truck carrying seven motor car bodies through Victoria on a journey from Adelaide to Sydney. The vehicle was stopped near Bendigo by the respondent, an officer of the Country Roads Board. It was found that the overall length of the vehicle and load amounted to fifty-two feet. A conviction was obtained in the Bendigo Court of Petty Sessions for an offence against s. 33 (1) (d). The defendant appeals upon the ground that in its operation upon inter-State traffic the restriction to forty-five feet amounts to an interference with the freedom of trade, commerce and intercourse between the States.