Breen v Sneddon [1961] HCA 67

High Court of Australia Dixon C.J. Kitto, Taylor, Menzies and Windeyer JJ. Breen v Sneddon [1961] HCA 67

ORDER Appeal dismissed with costs subject to the order in Chambers dated 17th May 1961 as to the additional costs incurred by the appellants by reason of the appeal being heard in Melbourne.

Cur. adv. vult.

The following written judgments were delivered:—

Nov. 13 Dixon C.J.

These are two appeals heard together against two separate convictions obtained under s. 10 (1) (e) of the Road Maintenance (Contribution) Act, 1958 N.S.W.. The defendant Breen and the defendant Martin were charged separately in respect of independent vehicles under that provision. Section 10 (1) provides that any person who (e) fails to pay to the Commissioner for Motor Transport as required by the Act any charges payable in respect of any vehicle shall be guilty of an offence against the Act. In each case an information alleged that the defendant did fail to pay to the Commissioner charges payable in respect of a commercial goods vehicle (specifying it) as required by the Act, the charge being a certain sum for mileage travelled along public streets in New South Wales by such vehicle during the month of January 1959. In each case the facts were that the defendant was the owner of a motor vehicle consisting of a prime mover and trailer which in January 1959 carried goods between Sydney and Melbourne exclusively in the course of and for the purposes of inter-State trade. He did not pay the charges which under the provisions of the Act, if validly applying, would be payable in respect of so much of the inter-State journeys as took place in New South Wales. He was prosecuted before a Court of Petty Sessions for his failure to pay the charges and upon the hearing of the charge—the two cases being heard together—his counsel relied as a defence upon s. 92 of the Constitution.