O'Sullivan v Noarlunga Meat Ltd (No 2)
From Wikipedia, the free encyclopedia
| O'Sullivan v Noarlunga Meat Ltd (No 2) | |
High Court of Australia |
|
| Full case name | O'Sullivan v Noarlunga Meat Ltd (No 2) |
| Date decided | 13 October 1956 |
| Citations | (1956) 94 CLR 367 |
| Judges sitting | Dixon CJ, Williams, Webb, Fullagar and Kitto JJ |
| Case history | |
|---|---|
| Prior actions: | O'Sullivan v Noarlunga Meat Ltd (1954) 92 CLR 565 |
| Subsequent actions: | none |
| Case opinions | |
| (5:0) The Court rejected an application to appeal to the Privy Council from the previous case. (per Dixon CJ, Williams, Webb, Fullagar & Kitto JJ) | |
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.
[edit] See also
[edit] References
- Winterton, G. et al. Australian federal constitutional law: commentary and materials, 1999. LBC Information Services, Sydney.
