McClintock v Commonwealth [1947] HCA 39

REPORTS OF CASES

DETERMINED IN THE

HIGH COURT OF AUSTRALIA

(HIGH COURT OF AUSTRALIA.}

+ McCLINTOCK vf 2 ' i - 5 . APPELLANT ; PLaintirr, g ry AND ; - THE COMMONWEALTH . . .. . ... RESPONDENT. Derenpant, 3 <7 ae ON APPEAL FROM THE SUPREME COURT OF

QUEENSLAND.

7 Constitutional Law (Cth.)—National security—Pineapples—Disposal by grower— yy ©. oy A, F Direction thereto by committee nominated by Federal department—Acquisition— — yg47. ' * Just terms "—Price fixed by another committee—Grower not heard re fication — Ww

Delivery of pineapples by grower pursuant to direction—Voluntary or compulsory — SYDNEX,

—Mistake of law or fact—Exaction colore officii—Orders—Validily—Compen- Aug. 6-8; 11. sation—Trover—Conversion—Damages—The Constitution (63 & 64 Viet. ¢. 12), 4. DL (xxxi,)—Sugar Agreement Act 1940 (No. 21 of 1940)—National Security ~ 9.4 93, (General) Regulations (S.R. 1939 No. 871945 No. 123), regs. 57, 59, 60D, 606 — at: National Security (Food Control) Regulations (S.R. 1943 No. 165—1945 No. 47), Latham ©.

Rich, Star] regs. 9, 12—National Security (Prices) Regulations (S.R. 1940 No, 176—1945 McTiernan ani No. 113)—Prices Regulation Order No. 1512—Control of Pineapples Orders Nos. 1, 2—Control of Canned Pineapples and Pineapple Juice Order—Distri-

ution of Food Order No. 2.

Growers of pineapples were directed by orders, and directions made there- under, made under reg. 59 of the National Security (General) Regulations to deliver a prescribed percentage of their pineapples to a specified representative committee as agent for a department of the Commonwealth. Payment for pineapples so delivered was received by the growers from the committee at rates fixed from time to time by another representative committee after due inquiries but in the absence of the growers. 'The pineapples so delivered were