CJ Burland Pty Ltd v Metropolitan Meat Industry Board [1968] HCA 77

High Court of Australia Barwick C.J. Kitto, Taylor, Menzies, Windeyer and Owen JJ. CJ Burland Pty Ltd v Metropolitan Meat Industry Board [1968] HCA 77

ORDER In each case, appeal allowed with costs. Order that the decretal orders of the Supreme Court of New South Wales, in so far as the same order that the suits be dismissed with costs, be set aside and in lieu thereof declare that by-law No. 11 of the by-laws relating to the public abattoir and the meat hall at Homebush Bay and the public saleyards at Flemington and Homebush Bay, published in the Government Gazette No. 1 of 8th January 1965, as amended by amendments to the said by-law published in the Government Gazette No. 41 of 12th March 1965, and the Government Gazette No. 43 of 29th April 1966, is ultra vires the respondent and is null and void. In each case, order that the respondent pay the appellant's cost of suit.

Cur. adv. vult.

The following written judgments were delivered:—

Dec. 6 Barwick C.J. and Menzies J.

These two appeals raise exactly the same question of law and were, by consent, heard together.

It seems that for many years the public abattoir at Homebush has been run on the basis that part only of the revenue required by the Meat Industry Board, constituted under the Meat Industry Act, 1915-1965 N.S.W. to run the abattoir and other facilities, should be provided by dues, rates, fees and charges imposed under or by virtue of s. 15 of the Act and that further necessary revenue should be obtained by taking from the owners of animals slaughtered at the abattoir some parts of the animal so slaughtered—either without payment or at an arbitrary price—and selling the parts so taken. As an indication of the money involved in this practice we were told that the value of parts of animals taken from the appellant, C. J. Burland Pty. Limited, is in the order of $26,000 a year.