Shepherd v New South Wales [1957] HCA 52

High Court of Australia Dixon C.J. McTiernan, Webb, Fullagar, Kitto and Taylor JJ. Shepherd v New South Wales [1957] HCA 52

ORDER Questions in the special case stated to be answered as follows:—

(1) By reason of s. 92 of the Constitution so much of s. 27 is invalid as is enacted by s. 5 of Act No. 16 of 1956 in so far as it applies to causes of action arising as a result of the operation of s. 92 of the Constitution on the provisions of the State Transport (Co-ordination) Acts.

The foregoing answer is confined to causes of action accruing as in this case before 13th September 1955.

(2) Section 27 as enacted by s. 2 (1) (b) of Act No. 46 of 1940 is inapplicable to the plaintiff's action.

(3) The plaintiff is not barred by s. 27 from recovering against the defendant in this action if this action is otherwise maintainable.

Costs of the special case to be paid by the defendant.

Cur. adv. vult.

The following written judgments were delivered:—

July 11 Dixon C.J.

We have before us a case stated by the parties for the opinion of the Full Court on certain questions of law arising in an action brought in this Court by a resident of Victoria against the State of New South Wales. The purpose of the action is to recover certain moneys paid to the transport authority for the time being in New South Wales as under the State Transport (Co-ordination) Act 1931-1952 or in respect of licences issued in purported pursuance to that Act. The moneys were paid between 22nd November 1952 and 10th September 1954. They were paid in respect of permits to operate commercial goods vehicles within the State of New South Wales in the course of and for the purposes of inter-State trade, namely for the purpose of carrying goods for reward between places in Victoria and places in New South Wales and on return journeys from places in New South Wales to places in Victoria.