Attorney-General (NSW) v Homebush Flour Mills Ltd

56 CLR 390

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Between: Attorney-General (NSW)
And: Homebush Flour Mills Ltd

Court:

Judges: Latham CJ
Rich J
Starke J
Dixon J
Evatt J
McTiernan J

Subject References:
Constitutional law
State statute
Validity
Conflict with Constitution (Cth)
Duty of excise
Compulsory acquisition of flour
Proceeds of sale received by Minister
Payment of compensation and administrative expenses
Balance for governmental purpose

Legislative References:
Constitution (Cth) - s 90
Flour Acquisition Act 1931 (NSW) No 10 - s 1(3); s 3(2); s 3(3); s 3(8); s 4(1); s (4); s (7); s 5(1); s 5(2); s 6

Judgment date: 1 May 1937

MELBOURNE (HEARD IN SYDNEY)

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ORDER

Judgment for defendant upon the demurrer with costs including costs of motion to refer to High Court.