Lever Bros Ltd v G Mowling & Son [1908] HCA 4; (1908) 5 CLR 510 (27 February 1908)

HIGH COURT OF AUSTRALIA

Lever Bros. Ltd. Appellants; and G. Mowling & Son Respondent.

H C of A

27 February 1908

Griffith C.J.

Sproule, for the appellants, in support,

Levinson, for the respondents, contrâ,

Griffith C.J.

I have grave doubts whether Order XLV., r. 6, has any application to such a matter as this. I am disposed to think that I have no jurisdiction to extend the time for giving notice of appeal. If the power exists, I think it is one that ought not to be exercised.

Summons dismissed, with costs.

Solicitor, for appellants, E. Hart for A. De Lissa, Sydney.

Solicitors, for respondents, Braham & Pirani.