Keith Henry and Co Pty Ltd v Stuart Walker and Co Pty Ltd [1958] HCA 33

Appl

'Angus de y 288 Bligh ose iy fifa, Hickorde — Neub fee's GPR FL) SeaWainn SARS?

Gited Refd to

342 HIGH COURT

(HIGH COURT OF AUSTRALIA.]

KEITH HENRY AND COMPANY PRO- PRIETARY LIMITED

PLAINTIFF, AND

PRIETARY LIMITED AND ANOTHER

STUART WALKER AND COMPANY oan Reasown Derrenpants,

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES

H.C. or A. Equity—Importing of goods—Plaintiff importer—Goods sold to defendant 1958. agency of plaintiff—Imported for defendant on licences held and made a Ww by plaintiff—Change in import licensing procedure—New licences

Sypyey, quota system in relation to imports over base period—Imports under

May 2, 5, licences included by both plaintiff and defendant in respect to totale

6,7; period—Minister of Customs—Benefit of imports on plaintiff's licences Aug. 13. defendant—Licences granted accordingly—Discretion of Minister in g ices licences—Claim by plaintiff for equitable relief —Declaration sought that McTiernan" held in trust by defendant for plaintiff—Doctrine of Keech v. Sandford ruled, sy, of equity in plaintiff.

In November 1950 K.H., having been in communication with manufacturers of hog casings in Ireland, ascertained that a quantity casings was available for importation into Australia. _ It offered this qu to S.W., and §.W. said that it would take them. K.H. then ne import licence for the goods under the Customs (Import Licensing) Reg 1939, and ordered the goods from the suppliers in Ireland. The good ordered for delivery direct to 8.W., and S.W. established a letter of the price. K.H., with the consent of the Department of Custor available to S.W. its import licence for the purpose of obtaining the credit and later for the purpose of clearing the goods through the Cu 'The goods were invoiced to S.W. and cleared through the Customs by acu agent employed by 8.W., and delivery was made direct to S.W. Late Irish suppliers paid to K.H. a commission on the transaction. A of transactions carried out in the same way took place between 1950 In 1955 the policy of granting import licences was altered by the Depart of Trade and Customs which thereafter proposed to issue licences importation of goods based upon the value of, in the instant case, imported during a base period of fifteen months ended 31st March 19% ;