High Court of Australia
Appl
rHunter Dist Gidley, Re v4 Bendiveny §—_(iillov, Bata' Gelman", FOR bat Se Or HEGEL 434 HIGH COURT [1943. [HIGH COURT OF AUSTRALIA.] VARDON é : ' ' : b é PLAINTIFF ; AND THE COMMONWEALTH AND OTHERS . . DeFENDANT. H.C. or A, National Security—Price control—Order declaring that maximum price at which 1943. goods might be sold by a specified person should be such as was fixed by notice— we Notice that price was "fixed at . . . cost . . . plus 20%"—Validity Mernourxe, National Security (Prices) Regulations (S.R. 1940 No. 176—1942 No. 513), Sept. 29, 30; reg. 23 (1) (b), (2) (6). Oct, 25. : ; gee. Pursuant to a Prices Regulation Order declaring that the maximum price Latham at which any goods might be sold by a person named in the Order should be Meticmnan and such price as was fixed by notice by the Commonwealth Prices Commissioner poses in writing to that person, notice was given that the maximum price was "fixed at the cost of those goods . . . plus 20% thereof."
Held that, as the meaning of the word "cost" was uncertain, the notice was not a notice fixing a price within the meaning of reg, 23 (1) (b) of the National Security (Prices) Regulations and was therefore invalid.
DemuRRER.
George Henry Kelsell Vardon brought an action in the High Court against the Commonwealth and others. His statement of claim was substantially as follows :—
1. The plaintiff is the sole proprietor of a tailoring business in Rundle Street Adelaide conducted under the name or style of " Myerson's."
2. The defendant Copland is the Prices Commissioner appointed pursuant to the National Security (Prices) Regulations ; the defendant McCarthy is the Assistant Prices Commissioner appointed pursuant to the said Regulations; and the defendant Williamson is the secretary of the Commonwealth Prices Branch.
3. The business referred to in par. 1 is and at all material times has been conducted as follows :—(1) The plaintiff carries a range of materials and quotes the customer a price for making a suit or costume
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