Duncan v Vizzard [1935] HCA 43

\ 3 O.L.R.] OF AUSTRALIA. 493

(HIGH COURT OF AUSTRALIA.)

DUNCAN 3 ; hs . : 5 . APPELLANT ; DerFenDAnt,

AND

Meera BRD ee oe. RESPONDENT.

"GREEN STAR TRADING COMPANY PRO- PRIETARY LIMITED. . . . .f APPELLANT; Derenpant,

AND

EOD ea. ey oe pe RESPONDENT. InrorMant,

NEW SOUTH WALES.

Constitutional Law—Freedom of trade, commerce and intercourse among the States— 1 (op 4. Regulation of facilities for transport—Licensing of public motor vehicles "1995 —Goods transported by motor lorry from consignor in one State to con- —— signee in another State—Licence—Conditions—Validity—Competition with Sypxey, railways—The Constitution (63 & 64 Vict. c. 12), sec. 92—State Transport June 14, 17. (Co-ordination) Act 1931 (N.S.W.) (No. 32 of 1931), sees. 12 (1), 17 (5), 18,19, 28°, Dixon, Evatt and MeTiernan 'A company transported goods for reward, by motor lorry, from a consignor fai in Melbourne, Victoria, to a consignee in a town in New South Wales situate

The State Transport (Co-ordination) _vehicle is licensed under this Act by the ce (NS. Wp provides as fol- | Board and unless he is the holder of :—By sec. 12 (1): "Any person such licence, be guilty of an offence after a date ap ried ie the against this Act: Provided that this and notified by proclamation sub-section shall not apply to a public Seriisias haste cpersien = motor vehicle that is being operated motor vehicle shall, unless such = under and in accordance with an

494 HIGH COURT [1935.

more than fifty miles from the border. The town was served by a railway. 'The company held a licence in respect of the lorry under the State Transport (Co-ordination) Act 1931 (N.S.W.). Upon the licence was indorsed :—" Special Conditions (Non-competitive licence). (1) The within-mentioned vehicle is authorized to operate as a goods motor vehicle on or in routes, roads, areas or districts within . . . New South Wales :—(a) on journeys none of which, for a distance exceeding fifty miles, is competitive with the railways or tram- ways. (2) In respect of any journey which is wholly or partly Saar competitive with the railways or tramways, the licensee shall pay . . . for the full competitive distance (in addition to any other sums payable under the . . . Act and this licence or either of them) threepence perton . . . of the weight of the vehicle" loaded to capacity "per mile travelled by the vehicle along a public street. (3) Provided that the terms, conditions and authorities of or attached to this licence are complied with, the licensee and the driver shall be exempt from the conditions mentioned in " sec. 18 (5) of the Act, " and unless the Commissioner otherwise determines, from the obligations imposed by regulations 9 and 10 under that Act in respect of any journey which is not, for a distance exceeding fifty miles