Colonial Sugar Refining Co Ltd sought a declaration in the High Court that the Royal Commissions Act 1902-1912 was invalid.

[1] Their Honours held that the Commission could not lawfully ask questions, or demand the production of documents, relevant solely to: In separate judgments, Isaacs & Higgins JJ took a much broader view of the incidental power under the Constitution to make inquiries with a view to the exercise of any other functions of the Commonwealth, including the power to seek approval for an amendment of the constitution.

The High Court may so certify if satisfied that for any special reason the certificate should be granted, and thereupon an appeal shall lie to Her Majesty in Council on the question without further leave.

Except as provided in this section, this Constitution shall not impair any right which the Queen may be pleased to exercise by virtue of Her Royal prerogative to grant special leave of appeal from the High Court to Her Majesty in Council.

The Parliament may make laws limiting the matters in which such leave may be asked, but proposed laws containing any such limitation shall be reserved by the Governor-General for Her Majesty's pleasure.Because the High Court was equally divided in opinion, it granted a certificate pursuant to section 74 of the Constitution in the following form:[1] Pursuant to sec.