Wilkie v Wilkie [1905] HCA 3; (1905) 2 CLR 383 (7 March 1905)

HIGH COURT OF AUSTRALIA

Daniel Wilkie Defendant, Appellant; and David Elliot Wilkie Plaintiff, Respondent.

H C of A

On appeal from the Supreme Court of Victoria.

7 March 1905

Griffith C.J., Barton and O'Connor JJ.

Schutt for the appellant Daniel Wilkie

Griffith C.J.

The words "all such documents as are required for the hearing of the appeal," in r. 11, are intended to meet the case. Primâ facie the documents which were before the Court from which the appeal is brought should be before this Court. On an appeal to the Privy Council those documents only which are thought material are sent to that tribunal, and they have occasionally asked for other documents. We think the appellant should include in the appeal book those documents which he thinks necessary. If the respondent thinks others are necessary, he may apply to have them inserted. The insertion is only a question of costs. Irrelevant matter should not be included in the appeal book. Thus an appeal to the Supreme Court of the State might involve questions both of law and of fact, requiring many voluminous documents to be set out in the appeal book for that Court, and there might be an appeal to this Court from the decision of the State Court on a pure question of law, the determination of which might require a few only of those documents to be considered. In such a case those documents only should be included which are essential for determining the question as to which the appeal to this Court is brought.

Solicitors for appellant, Snowball & Kaufmann.