Cross v Barnes Towing and Salvage (Qld) Pty Ltd

The parties to this proceeding were the appellant, Cross, and the respondent, Barnes Towing and Salvage (Qld) Pty Ltd. The dispute concerned charges brought against the respondent under the *Tow Truck Industry Act 1998* (NSW) and its associated Regulation. The matter came before the Court of Appeal of New South Wales.

The central legal issues before the Court were whether the *Tow Truck Industry Act* and its Regulation contravened section 92 of the Australian Constitution, which guarantees freedom of interstate trade, commerce, and intercourse, and the proper interpretation of regulation 69(1) of the *Tow Truck Industry Regulation* concerning the definition of "towing work".

The Court considered the application of section 92 of the Constitution to the respondent's activities, which involved towing vehicles across state borders. The Court analysed the meaning of "towing work" within the context of the Regulation and determined whether the respondent's actions fell within that definition. The Court's reasoning focused on the nature of the interstate intercourse and its connection to trade and commerce, applying established principles of constitutional law and statutory interpretation.

The Court of Appeal allowed the appeal with costs, setting aside the orders of the Local Court at Lismore which had dismissed the charges against the respondent.