Campbell v Kitchen & Sons Ltd [1910] HCA 23; (1910) 12 CLR 513 (31 May 1910)

HIGH COURT OF AUSTRALIA

Campbell Appellant; and Kitchen & Sons Ltd and Brisbane Soap Co Ltd Respondents.

H C of A

On appeal from the Supreme Court of Queensland.

31 May 1910

Griffith C.J. O'Connor, Isaacs and Higgins JJ.

Hart, for the applicant.

Griffith C.J.

This is a case in which judgment was given in the Supreme Court of Queensland in an action between parties involving an amount over £300. This Court has jurisdiction to entertain an appeal from that judgment, but, owing to the curious circumstances of the case, it cannot be instituted because those who would be respondents have an equal voice in the company which would be appellants. Under these circumstances there must be some remedy, and I think we ought to apply the analogy of the practice of the Court of Chancery, which is now adopted by the Supreme Court of Judicature, and give leave to some person who is substantially interested to come in and institute the appeal. I therefore think that leave should be given to the applicant to appeal from the judgment on behalf of himself and all other members of the defendant company. Of course the defendant company must be made a respondent. If the judgment is to be regarded as being interlocutory, the leave we now give will cover that also.

O'Connor J.

concurred.

Isaacs J.

concurred.

Higgins J.

I cordially concur in giving leave to the applicant to appeal, but I think the form of the order, giving leave to appeal on behalf of all other members of the company, even those who oppose him, may lead to complications and expense.

Leave given accordingly.

Solicitors, Flower & Hart.