The court set aside the conviction of daredevil pilot Goya Henry for breach of the regulations as they went further than was necessary to carry out and give effect to the convention.

The Commonwealth relied upon 3 sources of constitutional power, interstate trade and commerce, foreign affairs and territories.

The Commonwealth argued that its rules were made in pursuance of an international convention and were, therefore, laws with respect to external affairs.

[4][7] The majority (Latham CJ, Evatt & McTiernan JJ) took a broad view of the external affairs power, and accepted that the Commonwealth could enact legislation pursuant to a bona fide international treaty.

Latham CJ dismissed arguments attempting to exclude the external affairs power from encompassing certain domestic subjects.

[9][13] Even under the broad view of the external affairs power, the Court invalidated the regulations on the grounds that they did not carry out and give effect to the conventions of the treaty.