Lukey v Edmunds [1916] HCA 25

336 HIGH COURT (191

[HIGH COURT OF AUSTRALIA.]

LUKEY . ci 5 x 3 s c APPELLANT ; PLAINTIFF,

AND

EDMUNDS AND OTHERS : es : ReEsPonveEnts. DEFENDANTS, '

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H.C. or A, Statute—Interpretation—Generalia specialibus non derogant—* Gas" —* Necessary 19 commodity" —Gas Act 1912 (N.S.W.) (No. 71 of 1912), secs. 15-20, Sched. 1 — —Necessary Commodities Control Act 1914 (N.S.W.) (No. 18 of 1914), secs. 1,

SypNey 2,7, 8 April 5, 6, rin, Sees. 15 to 20 of the Gas Act 1912 (N.S.W.), which are applicable only to

three companies mentioned in the first Schedule and such others as might be added by Statute, establish a standard price for gas and permit the companies

Gavan Duffy so long as they supply gas at that price to pay a dividend up toa certain rate.

SDE These companies were also authorized to capitalize within six months from the passing of the Act their reserves and premium capital, with a limitation of the amount which might be so capitalized by one of the companies. The sections also contained provisions for increasing the standard price under cer- _ tain circumstances, and provided that if a company reduced the price charged by it below the standard price, it might pay an increased dividend according to a sliding scale, and that if they charged more than the standard price the dividend that might be paid was to be reduced in a prescribed proportion. A limitation was also placed on the funds which might be accumulated by any 'one of the companies, ¢

See. 1 of the Necessary Commodities Control Act 1914 (N.S.W.) provides — that the duration of the Act is limited to the continuance of the War and not more than six months afterwards. Sec. 2 provides that "necessary com- modity " means " (4) gas for lighting, cooking, or industrial purposes." Sec. 7 empowers a Commission to inquire and report to the Governor as to what