Sloan v Pollard [1947] HCA 51

OF AUSTRALIA,

{HIGH COURT OF AUSTRALIA.)

: ; ' i . PLarntirrs ;

AND

« "3 . DeFENDANTS,

onal Law (Cth.)—Defence—National security—Food control—Order made 'ceasation of hostilities —Purpose—Supply of necessary foodstuffs to United Agreement made during war-time—Validity of order—Defence itional Provisions) Act 1946 (No. 77 of 1946), 8. 6—National Security Control) Regulations (S.R. 1943 No. 165), reg. 9. 1944, during the war, the Commonwealth Government agreed to supply the Government of the United Kingdom for four years from Ist July 1044 and cheese in excess of the needs of the Commonwealth, the military of the Commonwealth and U.S.A, and U.N.R.R.A., the agreement that it was intended that the Commonwealth would endeavour to ke available as much butter as possible. In August 1947, two years "the: 'cessation of hostilities, the Minister of State, for Commerce and t under the National Security (Food Control) Regulations, as tinued in force by 8, 6 of the Defence (Transitional Provisions) Act 1946, 'the Cream (Disposal and Use) Order which, inter alia, forbade, except 'permit, the sale or use of cream for any purpose other than the produc- of butter or cheese, that 'the order was valid under the defence power as carrying out ent which, when made, was reasonably incidental to the conduct

ion commenced in the High Court by John Henry Sloan, d Anderson, William Anderson, Thomas William Seddon ileen Jane Alice Anderson and Charles Richard Stevens pean Cream Products against Richard Thomas Pollard, Smallhorn and the Commonwealth of Australia, the claim was substantially as follows :-— ntiffs are registered under the provisions of the *s Act 1928 (Vict.) as the proprietors of a business

H.C. or A,

1947. prea

SYDNEY, Nov. 11-13; Dec, 12.

Rich, Stari, Dixon,

MeTiernan and

Williams JJ,

446 HIGH COURT