King v Kirkpatrick [1916] HCA 79; (1916) 22 CLR 552 (21 December 1916)

HIGH COURT OF AUSTRALIA

King Defendant, Appellant; and Kirkpatrick Informant, Respondent.

H C of A

On appeal from the Supreme Court of New South Wales.

21 December 1916

Griffith C.J., Barton, Isaacs, Gavan Duffy and Rich JJ.

Weigall, for the applicant.

Griffith C.J.

The majority of the Court think that special leave to appeal should be refused. I only wish to say for myself that the Supreme Court has assumed an entirely novel jurisdiction, and I think it is proper that leave to appeal should be granted.

Isaacs J.

Speaking for myself, I think special leave to appeal should be refused. From beginning to end the application is an attempt to appeal as to costs only, and, whatever the law may be, the circumstances of this case are such as induce me to exercise my discretion by refusing special leave.

Gavan Duffy J.

I agree with that view of the case.

Rich J.

I also agree with that view.

Solicitor for the appellant, G. A. Bolton, Bourke, by F. W. Walker.