Kamarooka Gold Mining Company [1908] HCA 47; (1908) 6 CLR 255 (6 August 1908)

HIGH COURT OF AUSTRALIA

Kamarooka Gold Mining Company, No Liability. and Kerr and Others.

H C of A

6 August 1908

Griffith C.J., Barton, Isaacs and Higgins JJ.

D. G. Ferguson, for the applicants.

The judgment of the Court was delivered by Griffith C.J.

Griffith C.J.

In that case the only question was whether a Supreme Court Judge was such a Court. This application raises the difficult and important question whether sec. 73 of the Constitution includes Courts from which an appeal only lies to the Privy Council by special leave. If there were no appeal to any other Court, and by no other means could justice be done, then it might be a matter for serious discussion whether we could grant special leave, but as the applicants have an appeal to the Supreme Court, and can, if necessary, appeal from that Court to this Court, we do not think that this is a case in which special leave should be granted in order to raise it.

Special leave refused.

Solicitors, for the applicant, J. S. Thom Bros. & Co.