Bank of New South Wales v Commonwealth

76 CLR 1
[1948] 2 ALR 89
1948 - 0811A - HCA

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Bank of New South Wales
v Commonwealth

Court:

Judges: Latham CJ
Rich J and Williams J
Starke J
Dixon J
McTiernan J

Subject References:
Constitutional law
Powers of Commonwealth Parliament
Banking
Acquisition of property
Freedom of trade, commerce and intercourse
Interference with States

Legislative References:
Constitution (Cth) - ss 51(xiii); 51(xx); 51(xxxi); 51(xxxix); 75(iii); 92; 105A
Banking Act 1947 No 57 - The Act

Hearing date: MELBOURNE 9 February 1948; 10 February 1948; 11 February 1948; 12 February 1948; 16 February 1948; 17 February 1948; 18 February 1948; 19 February 1948; 20 February 1948; 23 February 1948; 24 February 1948; 25 February 1948; 26 February 1948; 27 February 1948; 1 March 1948; 2 March 1948; 3 March 1948; 4 March 1948; 5 March 1948; 8 March 1948; 9 March 1948; 10 March 1948; 11 March 1948; 12 March 1948; 15 March 1948; 16 March 1948; 17 March 1948; 18 March 1948; 19 March 1948; 22 March 1948; 23 March 1948; 24 March 1948; 25 March 1948; 31 March 1948; 1 April 1948; 2 April 1948; SYDNEY 13 April 1948; 14 April 1948; 15 April 1948; 11 August 1948;
Judgment date: 11 August 1948

Sydney

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ORDER

BANK OF NEW SOUTH WALES AND OTHERS, NO. 42 OF 1947 v THE COMMONWEALTH OF AUSTRALIA AND OTHERS.

Declare that the following provisions of the Banking Act 1947 are invalid:Part IV., Division 2, except in so far as it relates to the voluntary acquisition of shares and without prejudice to the question whether s. 14 (1) is valid in relation thereto: Part IV., Division 3, ss. 24, 25, 37 to 45 inclusive, 46, 59 and 60.

Order-

(a)

that the defendant the Treasurer and any Minister of the defendant the Commonwealth of Australia or any member of the Executive Council for the time being acting or purporting to act for or on behalf of the Treasurer of the Commonwealth of Australia be restrained from publishing or causing or permitting to be published any notice pursuant to sub-s. (1) of s. 13 of the Banking Act 1947;

(b)

that the defendant Hugh Trail Armitage and every other person for the time being entitled by law or purporting to exercise the powers of the Governor of the Commonwealth Bank of Australia be restrained from appointing or purporting to appoint any person a director of any of the plaintiff companies;

(c)

that the defendant the Treasurer and any Minister of the defendant the Commonwealth of Australia or any member of the Executive Council for the time being acting or purporting to act for or on behalf of the Treasurer of the Commonwealth of Australia be restrained from giving or causing or permitting to be given any notice pursuant to sub-s. (1) of s. 22 of the Banking Act 1947;

(d)

that the defendant the Commonwealth Bank of Australia its officers and servants be restrained from requiring any of the plaintiff companies to take any action pursuant to sub-s. (8) of s. 24 of the Banking Act 1947;

(e)

that the defendant the Treasurer and any Minister of the defendant the Commonwealth of Australia or any member of the Executive Council for the time being acting or purporting to act for or on behalf of the Treasurer of the Commonwealth of Australia be restrained from publishing or causing or permitting to be published in the Commonwealth Gazette any notice pursuant to sub-s. (4) of s. 46 of the Banking Act 1947; and

(f)

that the defendant Hugh Trail Armitage and every other person for the time being entitled by law or purporting to exercise the powers of the Governor of the Commonwealth Bank of Australia be restrained from authorizing any person to act under s. 59 of the Banking Act 1947.

Defendants to pay costs of plaintiffs including reserved costs, if any.

THE BANK OF AUSTRALASIA AND OTHERS, NO. 43 OF 1947 v THE COMMONWEALTH OF AUSTRALIA AND OTHERS.

Declare that the following provisions of the Banking Act 1947 are invalid: ss. 24, 25, 37 to 45 inclusive, 46, 59 and 60.

Order-

(a)

that the defendant the Treasurer and any Minister of the defendant the Commonwealth of Australia or any member of the Executive Council for the time being acting or purporting to act for or on behalf of the Treasurer of the Commonwealth of Australia be restrained from giving or causing or permitting to be given any notice pursuant to sub-s. (1) of s. 22 of the Banking Act 1947;

(b)

that the defendant the Commonwealth Bank of Australia its officers and servants be restrained from requiring any of the plaintiff companies to take any action pursuant to sub-s. (8) of s. 24 of the Banking Act 1947;

(c)

that the defendant the Treasurer and any Minister of the defendant the Commonwealth of Australia or any member of the Executive Council for the time being acting or purporting to act for or on behalf of the Treasurer of the Commonwealth of Australia be restrained from publishing or causing or permitting to be published in the Commonwealth Gazette any notice pursuant to sub-s. (4) of s. 46 of the Banking Act 1947; and

(d)

that the defendant Hugh Trail Armitage and every other person for the time being entitled by law or purporting to exercise the powers of the Governor of the Commonwealth Bank of Australia be restrained from authorizing any person to act under s. 59 of the Banking Act 1947.

Defendants to pay costs of plaintiffs including reserved costs, if any.

THE STATE OF VICTORIA AND ANOTHER, NO. 44 OF 1947 v THE COMMONWEALTH OF AUSTRALIA AND OTHERS-Judgment in the same terms as in Action No. 42 of 1947.

THE STATE OF SOUTH AUSTRALIA AND ANOTHER, NO. 47 OF 1947 v THE COMMONWEALTH OF AUSTRALIA AND OTHERS-Judgment in the same terms as in Action No. 42 of 1947.

THE STATE OF WESTERN AUSTRALIA AND ANOTHER, NO. 48 OF 1947 v THE COMMONWEALTH OF AUSTRALIA AND OTHERS-Judgment in the same terms as in Action No. 42 of 1947.