Wilcox Mofflin Ltd v New South Wales

This case concerned a constitutional challenge to certain provisions of the *Hide and Leather Industries Act 1948-1949* (N.S.W.). The plaintiffs, including Wilcox Mofflin Ltd., sought declarations that the Act, or specific sections thereof, contravened section 92 of the Australian Constitution, which guarantees freedom of inter-State trade, commerce, and intercourse. They also sought an injunction to prevent the defendants, the State of New South Wales and its Attorney-General, and the Australian Hide and Leather Industries Board, from taking possession of their hides.

The High Court was required to determine whether sections 6, 7, 8, and 9 of the New South Wales Act, which dealt with the appraisement, compulsory acquisition, and sale of hides, infringed section 92 of the Constitution. Specifically, the court had to consider whether the prohibition on selling unappraised hides and the compulsory acquisition of hides, even with a saving clause for those intended for inter-State trade, unduly restricted inter-State commerce.

A majority of the High Court (Dixon, McTiernan, Fullagar, and Kitto JJ.) held that sections 7 and 9 of the Act, which mandated appraisement and compulsory acquisition of hides (except those intended for inter-State trade), were valid and did not infringe section 92. However, a majority (Dixon, McTiernan, Williams, Webb, and Fullagar JJ.) found section 6 of the Act, which prohibited the sale of unappraised hides, to be invalid as it contravened section 92. Kitto J. dissented on the invalidity of section 6, finding it inoperative only where its application conflicted with section 92.

The court's decision was that sections 7 and 9 of the *Hide and Leather Industries Act 1948-1949* (N.S.W.) were valid, but section 6 of the same Act was invalid as it infringed section 92 of the Constitution.