Grannall v C Geo Kellaway and Sons Pty Ltd [1955] HCA 5

36 HIGH COURT (1954-1955.

[HIGH COURT OF AUSTRALIA.)

GRANNALL_. 5 : : :

AND

C. GEO. KELLAWAY AND SONS PROPRIE- TARY LIMITED

Drrenpant.

H. C. or A. Constitutional Law—Freedom of inter-State trade and commerce—Farm produce—

1954-1955. Apples—Sale or disposal—Farm produce agent—Payment—Commission— base Quantum—Statutory restriction—Inter-State commerce—Quaere, impairment of 1954, freedom—The Constitution (63 & 64 Vict. c. 12), s. 92—Judiciary Act 1903-

Sypwey, 1950, ss. 18, 40—Farm Produce Agents Act 1926-1952 (N.S.W.), ss. 2 (2), 23.

March 29,30; 4 reement made in New South Wales—Payment thereunder—Document silent as to

1955, place—* Within New South Wales "—Statutory requirement—Interpretation Act Sypney, of 1897 (N.S.W.), 8. 17. March 3. ; Section 23 (1) of the Farm Produce Agents Act 1926-1952 (N.S.W.) provides Sage al that no produce agent shall charge, sue for or recover any commission or other Fullagar, remuneration—(a) for or in respect of the sale or disposal of farm produce ito an Taylor JJ. except commission not exceeding the prescribed commission, As from 2nd

January 1953, reg. 10 (1) (a) under the Act prescribed a commission of seven and one-half per cent of the price realized where the farm produce was fruit, as distinguished from vegetables and the like, Regulation 10 (2) prescribed certain services, acts or things for the purposes of s. 23 (1) (b) as those in respect of which fees, charges, commissions, rewards or other charges may be charged, sued for or recovered, a maximum being fixed, and including, inter alia, "stamps and stationery, 6d. per consignment" and " unloading, storing and handling fruit forwarded from other States, ld. per case".

K., a company which carried on business in Sydney, as a farm produce agent as defined, was charged upon an information with having on 4th August 1953 contravened s. 23 of the Act and reg. 10 in that it charged commission for or in respect of 144 cases of apples consigned by D., a grower in Tasmania, in excess of the commission prescribed, the charge so made by K. being ten percent. On 4th August 1953 K., pursuant to an admitted contract of agency, the apples from D. Documents showed that K. sold the apples for