Poulton v Commonwealth [1953] HCA 101

Se gla agbcrarss

HIGH COURT [1952-1953.

[HIGH COURT OF AUSTRALIA.]

POULTON : % fi . 5 m 5 APPELLANT ;

PLAINTIFE, AND

THE COMMONWEALTH AND OTHERS ._ Rusponpents.

DEFENDANTS,

H.C. or A. Constitutional Law (Cth.)—Wool—Acquisition by Commonwealth—W ool commission

1952-1953. NS 1952.

SyDNEy, July 21-24, 28-31; Aug. 1, 5, 6; Nov. 14.

Fullagar J.

1953. SYDNEY,

Aug. 24-27; Dec. 16.

Williams, Webb and Kitto JJ.

—Compensation—A ppraisement—W ool grower—Wool dealer—Transaction— Basis—Sale, or share in '* proceeds "'—Action by wool dealer—Distribution of share—Entitlement of wool dealer—Alienation of share—Right of action for tort—Assignability to wool dealer—Federal statute and regulations—Validity —* Just terms' —The Constitution (63 & 64 Vict. c. 12), s. 51 (xxat.)—Wool Realization (Distribution of Profits) Act 1948-1952 (No. 87 of 1948—WNo. 76 of 1952), ss. 7 (2) (3) (4), 8 (1) (3), 18, 28, 29—National Security (Wool) Regu- lations (S.R. 1939 No. 108—S.R. 1943 No. 88), regs. 14, 15, 30 (2).

A transaction between P., a wool dealer, and D., three brothers who were wool growers, was recorded in a document dated 4th November 1942, con- sisting of a printed form of invoice with handwritten additions. At the head of the document there appeared the printed words "* Bought from," followed by the written words " Donlon Bros. of Bara". There followed in print the name of P. who was described as a licensed dealer in wool, hides and skins. The body of the form contained, in handwriting, particulars accounting for a stated totalsum of money. At the foot of the document appeared certain printed words with provision for two signatures, and the signature of P. and then one of the D. brothers. The printed words were: "The terms and conditions upon which I have received the above wool from you are that you are not to be liable for any losses that may accrue, and that the wool will be submitted for appraisement either alone or with such other wools as I think fit. The proceeds are to be retained by me in satisfaction of the amount paid to you and for my services and expenses'. On the date of the document P. received certain wool from D. and thereafter submitted it for appraisement under the National Security (Wool) Regulations. After appraisement P. received and retained the appraised price plus an amount for "' adjustment to flat rate parity" in accordance with the wool scheme. The wool was listed as participating wool in the appraisement catalogue, and, consequently, a share of each amount to be distributed under the Wool Realization (Distri- bution of Profits) Act 1948-1952 became payable to the person who supplied