Stenhouse v Coleman

The case of *Stenhouse v Coleman* concerned a challenge to the validity of the Bread Industry (New South Wales) Order, which required a licence to carry on the business of a master baker or bread distributor. Myrtle Grove Stenhouse was convicted of contravening this Order by operating as a master baker without a licence. She sought a writ of prohibition from the Supreme Court of New South Wales, arguing that the Order was *ultra vires* the National Security Act 1939-1943. The matter was subsequently removed to the High Court of Australia.

The central legal issue before the High Court was whether the Bread Industry (New South Wales) Order, made under regulation 59 of the National Security (General) Regulations, was a valid exercise of the Commonwealth's defence power as conferred by section 5 of the National Security Act 1939-1943. Specifically, the applicant contended that the Order, by regulating the production and distribution of bread for civilian use, lacked a sufficient nexus to the defence of the Commonwealth and the efficient prosecution of the war, and that the regulation itself was too broad in its scope.

The High Court, in dismissing the application, reasoned that the regulation and the Order were within the scope of the defence power. The Court held that maintaining essential supplies and services, such as bread for the civilian population, was directly connected to the war effort, as the inability to maintain the community would impact the armed forces. Furthermore, the Court applied the principle established in previous cases, such as *Reid v Sinderberry*, that while regulations may be framed to depend on the Minister's opinion of necessity, they remain valid only if they have a real and substantial connection to the defence power. The Court found that the Order, by rationalising the bread industry, conserving manpower and materials, and ensuring the supply of an essential foodstuff, had such a connection. The Court also noted that the regulation's provision for licence fees was authorised by the National Security Act.

The High Court ordered that the rule nisi for prohibition be discharged, upholding the validity of the Bread Industry (New South Wales) Order and the conviction of the applicant.