Willocks v Anderson [1971] HCA 28

High Court of Australia Barwick C.J. McTiernan, Menzies, Windeyer, Owen, Walsh and Gibbs JJ. Willocks v Anderson [1971] HCA 28

ORDER The first question referred to the Court by the Chief Justice, namely:Whether having regard to the provisions of the Apple and Pear Organization Act 1938-1966 and the regulations made thereunder:—

1. The Court has jurisdiction to entertain and hear the petition lodged herein.

answered No. Second question unnecessary to answer.

Cur. adv. vult.

The following written judgments were delivered:

July 2 Barwick C.J., Menzies, Windeyer, Owen, Walsh and Gibbs JJ.

These proceedings were commenced in this Court by a petition seeking a declaration that the respondent was not duly elected as the member of the Australian Apple and Pear Board ("the Board") to represent the growers of apples and pears in the State of Queensland for the period of three years commencing on 1st July 1970 and that the petitioner stands duly elected as, and is, the member of the Board to represent such growers for that period. On the hearing of an interlocutory application the respondent challenged the jurisdiction of this Court to entertain and hear the petition and a direction was thereupon made by the Chief Justice under s. 18 of the Judiciary Act that this question be argued before a Full Court.

The Board is constituted by s. 4 of the Apple and Pear Organization Act 1938-1966 Cth ("the Act"). Section 4 (2) of the Act provides that the Board shall consist of (inter alios) one member from each of the States of New South Wales, Victoria, Queensland, South Australia and Western Australia to represent the growers of apples and pears in each of those States, and s. 4 (4) provides that the members representing the growers in any State (other than the State of Tasmania) shall be growers and shall be elected by a poll of growers taken in the prescribed manner in that State. The Act does not contain any express provision as to the method of challenging the validity of an election and it does not expressly confer any jurisdiction on this Court to hear a petition disputing an election. A general power to make regulations is given by s. 27 in the following terms: