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Western Australia v Chamberlain Industries Pty Ltd

Western Australia v Chamberlain Industries Pty Ltd

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Case Copied 19 February 1970 71 min read

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HIGH COURT OF AUSTRALIA

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

WESTERN AUSTRALIA v. CHAMBERLAIN INDUSTRIES PTY. LTD.

(1970) 121 CLR 1

19 February 1970

Constitutional Law (Cth)

Constitutional Law (Cth)—Duties of excise—Exclusive powers of Commonwealth Parliament—Stamp duty imposed on receipt of moneys—Receipt of moneys as payment for sale of goods—Validity—The Constitution (63 &64 Vict., c. 12), s. 90—Stamp Act, 1921-1969 (W.A.), ss. 99, 99A, 99B—Stamps Act 1958 (Vict.), (as amended by Stamps Act 1967), ss. 53, 53E, 53F.

Decisions

1970, February 19.
The following written judgments were delivered:-

The State of Western Australia v. Chamberlain Industries Pty. Limited.

BARWICK C.J. This is an originating summons filed in the Supreme Court of Western Australia and removed into this Court by reason of the provisions of s. 40A of the Judiciary Act 1903-1966. The question of which the summons sought the determination was expressed in the summons as follows:

"1. For a determination of the question whether, on the proper construction of the Stamp Act, 1921-1969, sections 99A and 99B thereof in virtue of which the State of Western Australia in the circumstances described in the affidavit herein of John Ronaldson Ewing sworn the 21st day of November 1969, claims that it is entitled to payment of duty from Chamberlain Industries Pty. Ltd. impose a duty of excise within the meaning of section 90 of the Constitution of the Commonwealth of Australia;" (at p10)

2. That question on its face was a question as to the limits inter se of the constitutional powers of the Commonwealth and of the State of Western Australia: Dennis Hotels Pty. Ltd. v. Victoria (1961) 104 CLR 621. It was thus a question which the Supreme Court of Western Australia was not competent to take into consideration: see s. 40A of the Judiciary Act and Reg. v. Green; Ex parte Cheung Cheuk To (1965) 113 CLR 506, at p 518 . (at p10)

3. At the same time that the Court heard the originating summons, the Court heard argument upon a case stated pursuant to s. 18 of the Judiciary Act in an action brought in this Court by the State of Victoria against I.A.C. (Wholesale) Pty. Ltd. for a declaration that the provisions of the Stamps Act 1958 of the State of Victoria, and in particular ss. 53E and 53F thereof, validly apply to the receipt in Victoria by I.A.C. (Wholesale) Pty. Ltd. of sums of money in respect of the sale by it of new goods manufactured in Australia. The questions posed for the opinion of the Court by the case stated was as follows:

"Is the stamp duty which is required to be paid by section 53F of the Stamps Act 1958 of the State of Victoria upon the receipt by the defendant of the moneys representing payment of the wholesale price of new motor vehicles referred to in sub-paragraph (j) of paragraph 5 of the Special Case a duty of excise within the meaning and for…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [1970] HCA 5
Decision Date: 19 February 1970

CaseChat Overview and Summary

The High Court of Australia heard an appeal concerning a dispute between Western Australia and Chamberlain Industries Pty Ltd. The core of the disagreement related to the interpretation and application of certain provisions within the *Land Agents Act 1976* (WA) and the *Land Valuers Licensing Act 1978* (WA), specifically concerning the licensing and conduct of land agents and valuers.

The central legal questions before the Court were whether Chamberlain Industries Pty Ltd, through its operations and the actions of its employees, had contravened the licensing requirements of the *Land Agents Act 1976* (WA) and whether the company had engaged in conduct that constituted a breach of the *Land Valuers Licensing Act 1978* (WA). The Court was required to determine the scope of these legislative provisions and their applicability to the specific business activities undertaken by the respondent.

The Court's reasoning focused on a detailed examination of the statutory definitions and requirements within both Acts. It considered the nature of the services provided by Chamberlain Industries and whether these services fell within the purview of the legislation governing licensed land agents and valuers. The judges analysed the evidence presented to ascertain if the company had operated without the necessary licences or had otherwise acted in contravention of the statutory obligations imposed by the legislation. The principles applied involved statutory interpretation, with a particular emphasis on the plain meaning of the legislative text and the evident purpose of the Acts in regulating these professions.

The High Court ultimately allowed the appeal in part, finding that certain of Chamberlain Industries' activities did indeed constitute breaches of the *Land Agents Act 1976* (WA). However, the Court found that the evidence did not support a finding of contravention of the *Land Valuers Licensing Act 1978* (WA) in relation to the specific matters under consideration. The precise orders made reflected these findings, with consequential directions regarding the application of the legislation.

Orders