Woodstock Central Dairy Company Ltd v Commonwealth [1912] HCA 53

15 C.L.R.] OF AUSTRALIA. 241

[HIGH COURT OF AUSTRALIA.]

WOODSTOCK CENTRAL DAIRY COM-

PANY LTD. } PLAINTIFFS ;

AND

THE COMMONWEALTH AND THE COMP-

TROLLER GENERAL OF Gpezome.) DereRD ANTS.

Commerce (Trade Descriptions) Act 1905 (No. 16 of 1905), secs. 3, 11 (1), 14, 17— H.C. or A. Application of trade description to goods intended for export—Regulations 1912.

requiring goods to be graded and marked—Validity of Regulations. — SypNey,

The Commerce (Trade Descriptions) Act 1905 does not authorize the making Aug. 13, 14.

of regulations requiring goods intended for export to be graded by a Common- gts oat

wealth officer, or to be marked by him in such a manner as to indicate the grade so fixed, or prohibiting the exportation of such goods unless they have gato". 4 been so graded and marked. Teaace JJ.

CasE Stated for the opinion of the Full Court.

In an action brought by the Woodstock Central Dairy Co. Ltd. against the Commonwealth and Nicholas Colston Lockyer, the Comptroller General of Customs, the parties concurred in stating the questions of law arising in the action in the form of a special ease for the opinion of the Full Court as follows :—

"1. The plaintiff is a company duly incorporated under the provisions of the Companies Act of New South Wales and carries on the business of manufacturing and exporting butter.

"2. The defendant Nicholas Colston Lockyer is the Comptroller General of Customs and as such is the permanent head of the Customs and has the chief control of the Customs throughout the Commonwealth of Australia.

"3, The plaintiff has recently duly notified the defendants through their proper officer of its intention to export and has

H.C. or A.

1912. —S

Woopstock CENTRAL Darry Co.

Lr. v.

Tur Com- MONWEALTH AND THE Comp- TROLLER GENERAL OF Customs.

HIGH COURT (1912.

duly submitted for examination a certain five parcels of pure creamery butter to which have been applied by the plaintiff the words " Pure Creamery Butter, weight 56 Ibs. nett, N.S.W., Aus- tralia," being a trade description of the character, and relating to the matters and applied in the manner prescribed by the Com- merce (Trade Descriptions) Act 1905, which said description is not in any particular a false trade description within the meaning of the said Act, and the plaintiff desires to continue to manufacture and to export large quantities of butter with the same or a similar