High Court of Australia
51 C.L.R.] OF AUSTRALIA. 677
payment. In this view, I do not find it necessary to express any H- ©. oF A.
opinion upon the other matters raised in argument and in the judg- ey ment of the Chief Justice. MarsHaut. The appeal should be dismissed. Coy Musuan th AssUHANCE
Appeal dismissed with costs. gocrery Lrp.
Solicitors for the appellant, Lempriere, Abbott & Cornish. Solicitor for the respondent, Irvine D. Wald.
ORCRBE
[HIGH COURT OF AUSTRALIA.]
VACUUM OIL COMPANY PROPRIETARY a
LIMITED : ' s r PLAINTIFF ;
AND
THE STATE OF QUEENSLAND AND OTHERS Derenpants.
[No. 2.] Constitutional Law—State legislation—Infringement of Federal Constituion— 44.0, op A. Severability—Motor Spirit Vendors Act 1933 (Q.) (24 Geo. V. No. 11). 1994-1088. ed
'The High Court having held upon demurrer that the Motor Spirit Vendors Act 1933 (Q.) infringed sec. 92 of the Constitution and, to the extent to which MELBOURNE, it did so, was invalid (Vacuum Oil Co. Ply. Ltd. v. Queensland, ante, p. 108): 4 06, 17
Held, by Gavan Duffy CJ., Rich, Dizon, Buatt and MeTiernan JJ. (Starke 5 —— J. dissenting), upon the trial of the action, which was referred to the Full ~y935."
Court, that, as framed, the Act was not severable and was therefore wholly Gavan Duffy
invalid. C.J., Rich, Starke, Dixon,
Evatt and MeTiernan JJ.
Action referred to Full Court. The Vacuum Oil Co. Pty. Ltd. brought an action against the State of Queensland, the Attorney-General, the Treasurer and the
678 HIGH COURT [1934-1935,
H.C. or A. Secretary for Public Works for the State of Queensland claiming soa (1) a declaration that the Motor Spirit Vendors Act 1933 (Q.) was Vacuum ultra vires the Parliament of Queensland and was invalid; (2) a p. declaration that sec. 3 and/or sec. 6 of the Act were ultra vires the
Parliament of Queensland and were invalid either wholly or in so
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