Roadair Pty Ltd v Williams

[1968] HCA 18

HIGH COURT OF AUSTRALIA

Barwick C.J., McTiernan, Kitto, Menzies and Owen JJ.

ROADAIR PTY. LTD. v. WILLIAMS

(1968) 118 CLR 644

26 April 1968

Constitutional Law (Cth)

Constitutional Law (Cth)—Freedom of inter-State trade, commerce and intercourse—Carriage of goods for reward—Goods consigned from one point in State to another—Vehicle crossed border to depot in another State—Whether journey inter-State when vehicle returned to State of origin to deliver goods at destination—Commercial Goods Vehicles Act 1958 (Vict.), s. 22—The Constitution (63 &64 Vict. c. 12), s. 92.

Decisions

April 26.
The following written judgments were delivered:-
BARWICK C.J., KITTO, MENZIES AND OWEN JJ. For many years the appellant company, which is registered in New South Wales and carries on business as a carrier of goods for reward, has owned a large collecting and distribution depot at Albury. In the depot there are storage sheds, a weighbridge, facilities and the necessary staff for the fuelling and servicing of its vehicles and for the preparation of dockets, invoices and the like for delivery to the various consignees to whom the goods brought to the depot are to be delivered. (at p646)

2. A substantial part of the appellant's business consists of carrying goods from Melbourne to the Albury depot where they are sorted and weighed and the necessary documents relating to their delivery are prepared. Thereafter the various parcels of goods are delivered to those to whom they have been consigned. On the occasion with which this case is concerned one of the appellant's large motor trucks had left Melbourne for the depot carrying a mixed load of goods weighing in all some ten tons. The load included about three tons of concrete posts and members the ultimate destination of which was Wodonga, a township close to Albury and on the Victorian side of the border. These heavy goods were, as one would expect, loaded on the bottom of the truck. On top of them was loaded a quantity of pallets containing fibro sheets also destined for Wodonga, and on top of these was loaded a quantity of smaller and lighter parcels of goods for delivery to various consignees in Albury. After arriving at the depot the truck was refuelled and the lighter parcels of goods were unloaded into the storage sheds for sorting and ultimate despatch to the persons to whom they were consigned. The truck containing the pallets of fibro sheets and the concrete posts and members was then weighed, the freight charges being based on the weight of the goods, the usual documents were prepared and the truck left the depot to carry these heavy goods to Wodonga. (at p647)

3. At Wodonga the pallets were delivered to one consignee and the concrete posts and members to another. Subsequently an information was laid against the appellant charging it with having committed, at Wodonga, an offence against s. 22 (1) of the Commercial Goods Vehicles Act 1958 in that it was the owner of a commercial goods vehicle operated on a public highway,…