O'Sullivan v Noarlunga Meat Ltd (No 2): Difference between revisions
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name=O'Sullivan v Noarlunga Meat Ltd (No 2) | |
name=O'Sullivan v Noarlunga Meat Ltd (No 2) | |
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court=[[High Court of Australia]] | |
court=[[High Court of Australia]] | |
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image=[[Image:Australian_coat_of_arms_1912_edit.png|200px]] | |
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date_decided=[[13 October]] [[1956]] | |
date_decided=[[13 October]] [[1956]] | |
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full_name=O'Sullivan v Noarlunga Meat Ltd (No 2) | |
full_name=O'Sullivan v Noarlunga Meat Ltd (No 2) | |
Revision as of 07:28, 25 September 2006
O'Sullivan v Noarlunga Meat Ltd (No 2) | |
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Court | High Court of Australia |
Decided | 13 October 1956 |
Citation(s) | (1956) 94 CLR 367 |
Case history | |
Prior action(s) | O'Sullivan v Noarlunga Meat Ltd (1954) 92 CLR 565 |
Subsequent action(s) | none |
Court membership | |
Judge(s) sitting | Dixon CJ, Williams, Webb, Fullagar and Kitto JJ |
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.
See also
References
- Winterton, G. et al. Australian federal constitutional law: commentary and materials, 1999. LBC Information Services, Sydney.