Dairy Farmers' Co-operative Milk Company Limited v Commonwealth [1946] HCA 49

73 C.L.R.] OF AUSTRALIA. 38

{HIGH COURT OF AUSTRALIA.]

THE DAIRY FARMERS' CO-OPERATIVE MILK COMPANY LIMITED AND PLAINTIFFS ; ANOTHER . : 5 ' : '

AND

THE COMMONWEALTH AND OTHERS . . DEFENDANTS.

National Security—Defence—Price control—Milk—Declaration—Generality—Orders ¥f. (, ov A. — Specified characteristics of purchasers—Differentiations in the orders—Applica- 1946, tion of orders to State Board—Validity—Revocation of orders after action instituted = ~~ —National Security (Prices) Regulations (S.R. 1940 No. 176—1945 No. 113), SYDNEY, regs. 22 (1), (3), 23 (1) (a), (1) (a), (g), (1), 32—Prices Regulation Orders Nos, Nov. 14; 2041, 2071. Dec. 16.

Prices Regulations Orders made under the National Security (Prices) Regula- Latham CJ., tions in respect of the sale of milk distinguished between wholesale and retail "Dixon,"

ixon, sales; between sales in the Sydney metropolitan milk distributing district 4gpieman and and in the Neweastle district ; between sales to retailers who operated milk rounds and those who did not and those who used milk in milk bars and, in particular, special prices were prescribed for sales for use in public hospitals and to the State Contracts Control Board (N.S.W.). 'The orders were revoked after the commencement but before the hearing of an action brought to test

the validity of the orders and to which the State was not a party.

Held,

(1) That the differentiations were in respect of matters proper to be taken into account in any scheme of control of prices as an element in economic organization and, therefore, came within the defence power.

(2) That milk having been declared under reg. 22 of the National Security (Prices) Regulations as " declared goods," the differentiations were authorized by reg, 23 (1) (a) and reg, 23 (14) (h) of those regulations.

(3) That it was not necessary that before fixing prices in relation to any particular individual purchaser the Minister should, under reg. 22 (3), have made a declaration in respect of that particular purchaser,