Bradley v Commonwealth [1973] HCA 34

High Court of Australia Barwick C.J. McTiernan, Menzies, Gibbs and Stephen JJ. Bradley v Commonwealth [1973] HCA 34

ORDER Declare that the direction given by the Postmaster-General on or about 18th April 1973 that all postal and telecommunication services for the Rhodesia Information Centre should be withdrawn was beyond the power of the Minister and invalid. Order that the defendants, their officers, servants and agents be perpetually restrained from acting in any way in furtherance of the said direction and in particular from withdrawing or withholding any postal or telephone services that were on or before 18th April 1973 provided by the Commonwealth of Australia or the Postmaster-General for the Rhodesia Information Centre at Crows Nest in the State of New South Wales, and from cancelling the tenancy of Post Office Box 138 at Crows Nest aforesaid, and from deregistering the publication The Rhodesian Commentary, except in accordance with law. Order that the defendants pay to the plaintiff his costs of and incidental to the motion and the proceedings before the Full Court, including costs reserved.

Cur. adv. vult.

The following written judgments were delivered:—

Sept. 10 Barwick C.J. and Gibbs J.

Denzil Vaughan Montague Bradley, the plaintiff in an action brought in the original jurisdiction of this Court against the Commonwealth of Australia and the Postmaster-General, claims, by his writ, the following relief:

1. That the defendants their officers servants and agents have wrongfully and unlawfully discontinued the telephone service and stopped the mails and failed to provide all or any of the services normally provided by the Postmaster General at the Rhodesia Information Centre, 9 Myrtle Street, Crows Nest in the State of New South Wales.

2. For a declaration to the effect that such actions are unjustifiable and unlawful.