O'Sullivan v Noarlunga Meat Ltd (No 2)
Encyclopedia
O'Sullivan v Noarlunga Meat Ltd (No 2) (1956) 94 CLR
367 was a High Court of Australia
case, in which a certificate, under s 74 of the Australian Constitution
, was sought for leave to appeal to the Privy Council
against the previous decision of O'Sullivan v Noarlunga Meat Ltd
.
In the preceding case, it was held that the Commonwealth's extensive regulations regarding premises used for the slaughtering of livestock for export were valid under s 51(i)
of the Constitution. It was argued in this case that it was a necessary consequence of the decision that all production, regardless of whether it was intended for home or foreign consumption, would be regulated.
Dixon CJ, Williams, Webb and Fullagar JJ wrote a joint judgment denying the certificate of appeal, and reaffirmed the limitations to the power expressed by Fullagar J in the preceding case. Kitto J concurred.
Commonwealth Law Reports
The Commonwealth Law Reports are the authorised reports of decisions of the High Court of Australia. The CLR are published by the Lawbook Company, a division of Thomson Reuters...
367 was a High Court of Australia
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
case, in which a certificate, under s 74 of the Australian Constitution
Constitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
, was sought for leave to appeal to the Privy Council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
against the previous decision of O'Sullivan v Noarlunga Meat Ltd
O'Sullivan v Noarlunga Meat Ltd
O'Sullivan v Noarlunga Meat Ltd 92 CLR 565 was a case decided in the High Court of Australia regarding the scope of the trade and commerce power, under s 51 of the Australian Constitution, and inconsistency between Commonwealth and State laws, under s...
.
In the preceding case, it was held that the Commonwealth's extensive regulations regarding premises used for the slaughtering of livestock for export were valid under s 51(i)
Section 51(i) of the Australian Constitution
Section 51 is a subsecton of Section 51 of the Australian Constitution enables the Commonwealth Government of Australia both to regulate and to participate in trade and commerce with other countries and among the States. The potential reach of s51 is very broad...
of the Constitution. It was argued in this case that it was a necessary consequence of the decision that all production, regardless of whether it was intended for home or foreign consumption, would be regulated.
Dixon CJ, Williams, Webb and Fullagar JJ wrote a joint judgment denying the certificate of appeal, and reaffirmed the limitations to the power expressed by Fullagar J in the preceding case. Kitto J concurred.
See also
- Section 51(i) of the Australian ConstitutionSection 51(i) of the Australian ConstitutionSection 51 is a subsecton of Section 51 of the Australian Constitution enables the Commonwealth Government of Australia both to regulate and to participate in trade and commerce with other countries and among the States. The potential reach of s51 is very broad...
- Australian constitutional lawAustralian constitutional lawAustralian constitutional law is the area of the law of Australia relating to the interpretation and application of the Constitution of Australia. Several major doctrines of Australian constitutional law have developed....