High Court of Australia
73 C.L.R.] OF AUSTRALIA. 237
{HIGH COURT OF AUSTRALIA.] THE KING AGAINST
BROMHEAD AND ANOTHER ;
Ex parte MISS DAVENEY PROPRIETARY LIMITED
National Security—Price control—Declared goods—Fixation of maximum price— H.C. or A. Purpose thereof—Control of profits—Notification—Validity—National Security 1946. 'Act 1939-1946 (No. 15 of 1939—No. 15 of 1946), 8. 5—National Security (Prices) = ~~ Regulations (S.R. 1940 No. 176—1946 No. 93), regs. 17, 20, 22, 23 (1) (b) (i), SypNey, (1a) (1), (2), 29—Prices Regulation Orders Nos. 1015, 2182. Nov. 26, 27;
Pursuant to par. 8 of Prices Regulation Order No. 2182, a Deputy Prices ze TES
Commissioner notified a company the maximum prices at which confectionery Tatham C.J-, ich, Starke, ixon, rs s = « e] and pondence and interviews which showed, that since 1939 the company had Williams JJ
manufactured by it might be sold. This notification was given after corres-
'as a result of economy and greater turnover increased its rate of gross profit without inereasing its selling prices; that the Deputy Prices Commissioner desired the company to reduce its turnover by twenty per cent in order to reduce its rate of gross profit ; and that the company was not prepared to do 0.
Held, by Latham C.5., Dicon and McTiernan JJ. (Rich, Starke and Williams JJ. contra), that the notification was valid even if the reduced prices were fixed for the purpose of reducing the profits of the company.
The Court being equally divided the decision of the Court was in accordance with the opinion of the Chief Justice, and the appeals were dismissed.
Orpers Nist for prohibition.
Upon four informations laid by Francis Robert Alexander Elvidge, Miss Daveney Pty. Ltd. was charged that on or about Ist March 1946 at Drummoyne, New South Wales, it contravened reg. 29 of the National Security (Prices) Regulations in that it sold by whole- sale certain declared goods, namely confectionery, at a price which was greater than the maximum price fixed in relation to those goods under the said regulations for the sale of those goods.
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