O'Sullivan v Noarlunga Meat Ltd (No 2)

O'Sullivan v Noarlunga Meat Ltd (No 2)
Court High Court of Australia
Full case name O'Sullivan v Noarlunga Meat Ltd (No 2)
Decided 13 October 1956
Citation(s) (1956) 94 CLR 367
Case history
Prior action(s) O'Sullivan v Noarlunga Meat Ltd (1954) 92 CLR 565
Subsequent action(s) none
Case opinions
(5:0) The Court rejected an application to appeal to the Privy Council from the previous case. (per Dixon CJ, Williams, Webb, Fullagar & Kitto JJ)
Court membership
Judge(s) sitting Dixon CJ, Williams, Webb, Fullagar and Kitto JJ

O'Sullivan v Noarlunga Meat Ltd (No 2) (1956) 94 CLR 367 was a High Court of Australia case, in which a certificate, under s 74 of the Australian Constitution, was sought for leave to appeal to the Privy Council against the previous decision of O'Sullivan v Noarlunga Meat Ltd.

In the preceding case, it was held that the Commonwealth's extensive regulations regarding premises used for the slaughtering of livestock for export were valid under s 51(i) of the Constitution. It was argued in this case that it was a necessary consequence of the decision that all production, regardless of whether it was intended for home or foreign consumption, would be regulated.

Dixon CJ, Williams, Webb and Fullagar JJ wrote a joint judgment denying the certificate of appeal, and reaffirmed the limitations to the power expressed by Fullagar J in the preceding case. Kitto J concurred.

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