Cann's Pty Ltd v Commonwealth [1946] HCA 5

icecourse Hunter

Dist Upper

Gil a HHO,

H. ©. oF A. 1946, SZ

MELBOURNE,

Feb. 20

SYDNEY, April 9.

Williams JJ.

National Security—Price control—

4A A a) apt

pl fd to Refd to Paci C. Gee ale ie pany fines Bey Bachman ried tance RRO 30 hen Hut iv lut Industri PIyLidv Gold Conttncrors Muning (2002) o iidlintier Tin hiner iia mid Coase OBIE CL 1s TEERR he: | ee te fre : es Ve SRC Si hee" Ce HIGH COURT (1946.

[HIGH COURT OF AUSTRALIA.]

CANN'S PROPRIETARY LIMITED . : a9 DeATNIIREs

AND

THE COMMONWEALTH AND ANOTHER . Derrenpants.

Pining of prices by reference lo a standard—Order —Validity—Uncertainty—National Security (Prices) Regulations (S.R. 1940 No, 176—1944 No. 113), reg. 23—Prices Regulation Orders Nos. 1454, 1878.

A prices regulation order purported to fix maximum prices to be charged by manufacturers for various articles of women's outerwear by methods which

involved the determination of the cost of the materials of which the articles th

were made; in the case of some articles, of the "cost" of a specified leng' " of the material used " was to be ascertained and, in the case of others, of the "actual cost of the material used " was to be ascertained. 'The order contained

the following definitions :—"' Actual cost of the material used' . . means, in relation to any article . . . one-tenth of the cost of the shortest length of material or materials . . . of the same width as that used in the

'article' from which ten such articles . . . may be cut." "'Cost"

means in respect of any material the actual purchase price of that

material . ... or where such material has been purchased with

other material . . . that part of the total purchase price which is properly attributable to such first-mentioned material." ''' Material" means the principal material or materials used and does not include any material