Arthur Yates and Company Pty Ltd v Vegetable Seeds Committee [1945] HCA 55

="*87. GLWV GUE Pent. SIZLTIL- 7 APL. MALL, 30/. Cf. SC.ACTL, (Eu, 72 C.L.R.] OF AUSTRALIA. 37 ©. 1s1ezR 170.

(HIGH COURT OF AUSTRALIA.]

ARTHUR YATES AND COMPANY PRO- PRIETARY LIMITED RESPONDENT,

a: APPELLANT ;

AND

THE VEGETABLE SEEDS COMMITTEE AND OTHERS APPLICANTS,

RESPONDENTS.

Practice—Pleading—Action in High Court against Commonwealth tribunal— }, ©, oF A, Vegetable Seeds Committee—Statement of claim—Allegations—A pplication to 1945. strike out—Declarations of right—Bona fides of committee—Motives—Orders of Sot committee—Legislative or administrative—Powers of committee—National | SYDNEY, Security (Vegetable Seeds) Regulations (S.R. 1943 No. 109—1944 No. 129), April 23, 24; regs. 4, 10, 14a, 17, 23. May 11.

The National Security (Vegetable Seeds) Regulations established as a body Williams J. corporate a Vegetable Seeds Committee consisting of four members including gypney, an official Chairman and an Executive Member. The objects of the Regulations ug. 10, 17, were set out and were stated to be to ensure, for the purposes of the defence of 22, 233 the Commonwealth and the effectual prosecution of the war, that an adequate Nov. 21. supply of vegetable seeds was available in Australia, that those seeds were true aianial 3 to type and of a satisfactory standard of purity and germination, and were ee effectively distributed, and it was provided that the Regulations should be Dixon JJ.

administered and construed accordingly. Sa CKRAK

The Regulations required seed merchants to register with the Committee and prohibited the sale of seeds except as directed by the Committee and they empowered it by order to control and regulate the processing, treatment, dis- tribution and disposal of vegetable seeds. Such an order might apply to a specified person or persons or might be general. The Committee was also empowered to buy, sell and otherwise deal in vegetable seeds,