Naracoorte Transport Co Pty Ltd v Butler [1956] HCA 72

95 C.L.R.] OF AUSTRALIA. 455

(HIGH COURT OF AUSTRALIA.]

NARACOORTE TRANSPORT COMPANY PROPRIETARY LIMITED si ecr DEFENDANT, AND BUTLER 3 : : a F . ; . RESPONDENT. INFORMANT,

ON APPEAL FROM THE COURT OF PETTY SESSIONS AT GEELONG, VICTORIA.

Constitutional Law (Cth.)—Freedom of inter-State trade commerce and intercourse— YW (, or A. Wool grown in Victoria—Transported to South Australia by one carrier—Sub- 1956. sequent transport by another carrier from South Australia to Victoria—W hether Manipal an inter-State transaction—Transport Regulation Acts 1933-1954 (No. 4198— werpourne, No. 5848) (Vict.), 8. 45—The Constitution (63 & 64 Vict. c. 12), s. 92. Oct. 10, 29.

Wool grown in Victoria was transported therefrom by a firm of road Tees hauliers operating from a Victorian town, to Naracoorte (S.A.) where it was McTiernan,

handed over to the defendant a road haulage company operating from enemas: Naracoorte. The only connexion shown between the two firms was that a Fullagar,

A i K partner in the former was a director of the latter. The defendant transported Koay i

the wool from Naracoorte to Geelong (Vict.). The two firms were paid separately for their respective services. The defendant was convicted of being the owner of a vehicle operating in carrying the wool on a public highway in Victoria without a licence or authority so to operate under the T'ransport Regulation Acts (Vict.). On appeal,

Held, that whatever reasons or motives the consignors of the wool may have had in using the defendant's service from Naracoorte rather than some more direct service to Geelong, the operation of the defendant's vehicle in so carrying the wool was an operation in the course of and for the purpose of inter-State trade and as such within the freedom guaranteed by s. 92 of the Constitution.

Decision of the Court of Petty Sessions at Geelong, Victoria, reversed.