O'Sullivan v Noarlunga Meat Ltd (No 2)
| O'Sullivan v Noarlunga Meat Ltd (No 2) | |
|---|---|
 | |
| Court | High Court of Australia |
| Decided | 13 October 1956 |
| Citation(s) | [1956] HCA 9, (1956) 94 CLR 367 |
| Case history | |
| Prior action(s) | O'Sullivan v Noarlunga Meat Ltd (1954) 92 CLR 565 |
| Subsequent action(s) | O'Sullivan v Noarlunga Meat Ltd [1956] UKPC 24, [1957] AC 1; [1956] UKPCHCA 4, (1956) 95 CLR 177, Privy Council (on appeal from Australia) |
| Court membership | |
| Judge(s) sitting | Dixon CJ, McTiernan, Williams, Webb, Fullagar, Kitto and Taylor JJ |
| Case opinions | |
| (7:0) The Court rejected an application to appeal to the Privy Council from the previous case. | |
O'Sullivan v Noarlunga Meat Ltd (No 2),[1] 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.[2]
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. In June 1955 the Privy Council gave special leave to appeal except to the extent they required a certificate of appeal under section 74. O'Sullivan applied to the High Court for a certificate of appeal.
Dixon CJ, Williams, Webb and Fullagar JJ wrote a joint judgment refusing a certificate of appeal stating that the policy of section 74 was to confine the decision of essentially federal questions to the High Court. McTiernan, Kitto and Taylor JJ each delivered concurring judgments.
The Privy Council took a narrower view of section 74 than the High Court, holding that the question of whether laws were inconsistent involved the application of section 109 of the Constitution and did not involve a question in relation to the constitutional powers of the Commonwealth and the States. The Privy Council dismissed the appeal, approving the earlier decision of the statutory majority of the High Court,[3] particularly the judgment of Fullager J.[4]
See also[edit]
References[edit]
- ^ O'Sullivan v Noarlunga Meat Ltd (No.2) [1956] HCA 9, (1956) 94 CLR 367 (2 March 1956), High Court
- ^ O'Sullivan v Noarlunga Meat Ltd [1954] HCA 29, (1954) 92 CLR 565 (17 December 1954), High Court.
- ^ As this was a stated case and not an appeal, the decision of the Chief Justice prevailed: Judiciary Act 1903 s23 as amended by the Judiciary Act 1912.
- ^ O'Sullivan v Noarlunga Meat Ltd [1956] UKPC 24, [1957] AC 1; [1956] UKPCHCA 4, (1956) 95 CLR 177 (4 July 1956), Privy Council (on appeal from Australia).
- Winterton, G. et al. Australian federal constitutional law: commentary and materials, 1999. LBC Information Services, Sydney.