Bradshaw v Gilbert's (Australasian) Agency (Vic) Pty Ltd

The case of *Bradshaw v Gilbert's (Australasian) Agency (Vic) Pty Ltd* concerned a dispute over a contract for the sale of 127 tons of scrap battery lead at £98 per ton f.o.b. Melbourne. The purchaser, Bradshaw, refused to proceed with the contract, arguing it was illegal. The vendor, Gilbert's, then sued for damages representing the difference between the contract price and the price obtained on resale. The Supreme Court of Victoria found in favour of the vendor, and the purchaser appealed to the High Court of Australia.

The High Court was required to determine three primary questions. Firstly, whether the Victorian *Prices Regulation Act 1948* applied to the sale of goods intended for export. Secondly, if it did apply, whether any relevant provisions of the Act were inconsistent with Commonwealth legislation, specifically the *Banking (Foreign Exchange Control) Regulations* and the *Customs (Prohibited Exports) Regulations*. Thirdly, the Court had to consider whether a transaction in breach of the *Prices Regulation Act 1948* was void.

The Court, comprising Dixon C.J. and Taylor J., held that the *Prices Regulation Act 1948* did apply to sales of goods destined for export, notwithstanding the absence of a specific provision for export prices as found in earlier Commonwealth regulations. They reasoned that the Act's language was clear and should not be limited by general considerations of policy or the perceived intent to protect only Victorian consumers. The Court found no repugnancy between the Victorian Act and the relevant Commonwealth regulations, concluding that the Commonwealth regulations controlled the mode of payment and export procedures, rather than the contractual price itself. Crucially, the Court determined that a sale in contravention of section 25(1) of the *Prices Regulation Act 1948* was void, overturning the decision of the Supreme Court of Victoria. The appeals were dismissed with costs.