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)
Date decided	13 October 1956
Citation(s)	(1956) 94 CLR 367
Judge(s) sitting	Dixon CJ, Williams, Webb, Fullagar and Kitto JJ
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)

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.

See also

• Section 51(i) of the Australian Constitution
• Australian constitutional law

References

• Winterton, G. et al. Australian federal constitutional law: commentary and materials, 1999. LBC Information Services, Sydney.

External links

• Full text of the decision