Noarlunga Meat Ltd was charged with contravening the Metropolitan and Export Abattoirs Act 1936 (SA), s 52a, because it did not hold a State licence for slaughtering stock.

All premises outside the metropolitan area "for the purpose of slaughtering stock for export as fresh meat in a chilled or frozen condition" were required to obtain a licence from the State Agriculture Minister.

The defendant company argued that the State act was invalid by virtue of inconsistency with the Commonwealth regulations, which is dealt with in s 109 of the Constitution.

This includes provisions to control the quality of meat being exported, which may involve regulation of such stages as packaging and handling.

[3] In June 1955 the Privy Council gave special leave to appeal except in relation to the constitutional powers of the Commonwealth and the States.