Bessell v Dayman

Robert George Bessell (the appellant) was convicted in a South Australian Court of Summary Jurisdiction for unlawfully driving a motor lorry for the purpose of carrying goods for hire on a controlled route within the state, without holding the required licence under the Road and Railway Transport Acts 1930-1931. The appellant, who was engaged in carrying goods from New South Wales to South Australia, contended that these Acts infringed section 92 of the Australian Constitution, which guarantees freedom of trade, commerce, and intercourse among the States. The appeal was brought before the High Court of Australia.

The central legal issue before the High Court was whether the South Australian Road and Railway Transport Acts 1930-1931, by requiring licences for the carriage of goods for hire on controlled routes, constituted an impermissible interference with the freedom of inter-State trade and commerce guaranteed by section 92 of the Constitution. The appellant argued that the legislation, by its nature and effect, restricted inter-State transport, rendering it invalid in its application to his activities.

A majority of the High Court, comprising Gavan Duffy C.J., Rich, Evatt, and McTiernan JJ., dismissed the appeal. They held that the South Australian Acts were not an infringement of section 92 of the Constitution. Their reasoning relied on previous decisions of the Court, specifically *R. v. Vizzard; Ex parte Hill* and *O. Gilpin Ltd. v. Commissioner for Road Transport and Tramways (N.S.W.)*, which had upheld similar legislation in New South Wales. The majority found no material distinction between the South Australian legislation and the New South Wales Act previously considered, concluding that the control exercised by the South Australian Acts over transport facilities did not violate the constitutional guarantee of freedom of inter-State trade. Starke and Dixon JJ. dissented, maintaining their view that such legislation contravened section 92 of the Constitution in its application to inter-State trade.