Attorney-General (NSW) v Homebush Flour Mills Ltd
56 CLR 390Between: Attorney-General (NSW)
And: Homebush Flour Mills Ltd
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)
ORDER
Judgment for defendant upon the demurrer with costs including costs of motion to refer to High Court.
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