High Court of Australia
10 C.L.R.) OF AUSTRALIA, 457
the construction of the particular document in question in this H.C. or A.
case. The special leave was therefore rescinded, and the appeal me dismissed with costs. MircneLy v% Brov
Appeal dismissed.
Solicitors, for the appellant, Hooke & Mein, Dungog, by Bow- man & Mackenzie.
Solicitors, for the respondent, Logan & Carlton, West Maitland, by Sly & Russell.
ae. ae
C.E. W.
(HIGH COURT OF AUSTRALIA.]
THE COMMONWEALTH AND THE POST-
} PLAINTIFFS ; MASTER-GENERAL
AND
THE PROGRESS ADVERTISING AND PRESS AGENCY COMPANY PROPRIETARY} Derenpants.
SI a et ce a, J Post and Telegraph Act 1901 (No. 12 of 1901), see, 97—Telephone— Regulations— H.C. oF A. Prohibition of publication of telephone Lists. 1910. Regulation 126a of the Telephone Regulations (Statutory Rules 1908, No. ——~ MELBouRNy,
87), imposes a penalty on any person who, without the authority of the Post- master-General or of the Deputy Postmaster-General of a State, prints, pub- lishes or circulates, or authorizes the printing, publishing, or circulation of, Grin c.4., any list of all or any of the subscribers connected with any telephone —,*Connor,
exchange, and provides that all lists published in contravention of the Regu- Higgins JJ.
lation shall be forfeited to the Postmaster-General and shall on demand in
writing be delivered up to him.
June 1, 6.
Heald, that the Regulation is not authorized by sec. 97 (r) of the Post and Telegraph Act 1901 and is ultré vires the Governor-General.
Held, also, that the Act confers no exclusive right on the Postmaster- General to print or publish such lists. VOL. Xx. 30
458 HIGH COURT (1910,
H.C. or A. Sprcrar case stated for the opinion of the Full Court. $910. An action was brought in the High Court by the Common- =
Tur Common. Wealth and the Postmaster-General of the Commonwealth against
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