Victorian Railways Commissioners v McCartney [1935] HCA 28

' RCLRE] OF AUSTRALIA. 383

(HIGH COURT OF AUSTRALIA.]

"VICTORIAN RAILWAYS COMMISSIONERS . AppELLANT; RESPONDENT,

AND

'ARTNEY eR f 3 & i . ReEsponpENT.

'ORIAN RAILWAYS COMMISSIONERS . Appetiant; RESPONDENT,

AND

ICHOLSON arr 4 . Responpent. APPELLANT,

ON APPEAL FROM THE SUPREME COURT OF VICTORIA.

sport Regulation—Commercial goods vehicle—Licence—Refusal by Board— ¥.C, or A. Appeal—Existing transportation service—Railway service available—Interests 1935,

of the public generally —Railways deficit considered Reduction of railway freight 4 rates required—Matters not proper for Board's consideration—Transport Regula- Nex novRne, tion Act 1933 (No. 4198) (Vict.), secs. 26, 37. Mar,6, 7.

The Transport Board of Victoria refused two applications for licences under "2Y_9- the Transport Regulation Act 1933 (Vict.). In refusing the applications the Rich, Starke, a a f ' Dixon, Evatt Board regarded as a vital consideration the amount of the railway deficit for and McTiernan 'the preceding financial year, and the fact that a railway service between the 3 termini of the proposed route was available. As a term of refusing the applications the Board required an undertaking from the Victorian Railways Commissioners that they would reduce the freight rates upon such railway.

Held (1) that the High Court had jurisdiction to hear the appeal; (2) that the Board was wrong in making the deficit in the railway accounts the main

Vicrorian Rariways Comaus- SIONERS

McCartney

AND NIcHOLSoN.

HIGH COURT (1935

ground for its decision ; (3) that the Board had no authority to control the conduct of the railway services by imposing an undertaking as to freight rates as a condition of refusing to grant the licences.

Decision of the Supreme Court of Victoria (Full Court): McCartney Victorian Railways Commissioners; Nicholson v. Victorian Railways Commis. sioners, (1935) V.L.R. 51, affirmed.