High Court of Australia
High Court of Australia Barwick C.J. Gibbs, Stephen, Mason, Murphy and Aickin JJ. Smith v Capewell [1979] HCA 48
ORDER Appeal dismissed with costs.
Cur. adv. vult.
The following written judgments were delivered:—
Oct. 4 Barwick C.J.
The respondent is a dealer in, amongst other things, kangaroo skins. His place of business is in Charleville, Queensland. He obtains such skins in Queensland, having authority under the legislation of that State to be in possession of them. He obtains from time to time authority under that legislation to sell them to purchasers, including purchasers in other States.
The respondent sold certain kangaroo skins which he had procured in Queensland to a purchaser in New South Wales. He delivered them from Queensland to the buyer in New South Wales. However, the purchaser rejected the skins for disconformity with the contract of sale. The respondent thereupon sold these skins (the rejected skins) to another purchaser in New South Wales.
The respondent also sold to the same purchaser other kangaroo skins which he brought from Queensland and delivered in New South Wales in satisfaction of the purchase. This transaction I will refer to as the "other sale".
But in neither contract of sale was there a stipulation that the skins be delivered from Queensland into New South Wales. The export of all these skins from Queensland into New South Wales was covered by an authority under the legislation of that State.
The respondent was charged with a breach of s. 105 (a) of the National Parks and Wildlife Act, 1974 N.S.W., as amended ("the Act"), which sub-section I set out in full:
A person shall not—
(a) exercise or carry on;
the business of a skin dealer, unless he does so under and in accordance with the authority conferred—
(d) by a skin dealer's licence under section 125; or
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