King Gee Clothing Company Pty Ltd v Commonwealth [1945] HCA 23

Cons

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THE COMMONWEALTH AND ANOTHER

PRIETARY LIMITED AND OTHERS ae

AND

DEFENDANTS.

H.C. or A. National Security—Price control—Men's, youths' and boys' owterwear— Manufacturer

1945, Cy Sypyry, Aug. 1.

MELBOURNE, Oct. 11.

Rich, Starke, Dixon and Hiams JJ.

— Maximum price — Ascertainment — Certainty — Prescribed records — Cost —Labour—Direct—Indirect—Validity of order—National Security (Prices) Regulations (S.R. 1940 No, 176—1944 No. 113), reg. 23 (1), (1a), (2), (24)— Prices Regulation Order No. 1816.

Paragraphs 6, 7 and 11 of Prices Regulation Order No. 1816 fixed the prices outerwear might be sold by manufacturers,

at which men's, youths' and boy semi-manufacturers and makers-up respectively. price first of all by the allowance of a percentage margin on cost, and included

in " cost," where specified records were kept, an amount for "indirect labour" * direct labour"

Hach paragraph fixed a

which was calculated as a percentage of the wages &c. for " as shown by those records. Provisoes to each paragraph provided for reduction of the price thus fixed by a percentage which depended upon the ascertainment of, among other things, the value of the hours the employees of the manufac- turer, semi-manufacturer or maker-up were engaged on indirect labour in respect of the goods, and the value of direct and indirect manufacturing labour paid for in three months, less the amount not applicable to men's, youths!