| New South Wales v Commonwealth | |
|---|---|
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| Court | High Court of Australia |
| Decided | 23 March 1915 |
| Citations | [1915] HCA 17, (1915) 20 CLR 54 |
| Case history | |
| Prior action | Commonwealth v NSW (Inter-State Commission 22 February 1915) |
| Court membership | |
| Judges sitting | Griffith CJ, Barton, Isaacs, Gavan Duffy, Powers and Rich JJ |
| Case opinions | |
| (4:2) The Constitution separated the legislative, executive and judicial functions of Government. The Inter-State Commission was part of the executive function and could not exercise judicial power. (per Griffith CJ, Isaacs, Powers & Rich JJ) (Barton & Gavan Duffy JJ dissenting) (6:0) Freedom of interstate trade is not infringed if there is no differentiation arising by reason of interstate trade. (per Griffith CJ, Barton, Isaacs, Gavan Duffy, Powers & Rich JJ) | |
New South Wales v Commonwealth,[1] commonly known as the Wheat case,[2] or more recently as the Inter-State Commission case,[3] is a landmark Australian judgment of the High Court made in 1915 regarding judicial separation of power. It was also a leading case on the freedom of interstate trade and commerce that is guaranteed by section 92 of the Constitution.[4]
- ^ New South Wales v Commonwealth (Wheat case) [1915] HCA 17, (1915) 20 CLR 54.
- ^ Duncan v Queensland [1916] HCA 67, (1916) 22 CLR 556 at 581.
- ^ Williams v Commonwealth [2012] HCA 23, (2012) 248 CLR 156 at [55].
- ^ Commonwealth of Australia Constitution, section 92.