Re McCawley [1918] HCA 4; (1918) 24 CLR 345 (25 February 1918)

HIGH COURT OF AUSTRALIA

In re McCawley

H C of A

On appeal from the Supreme Court of Queensland.

25 February 1918

Barton, Gavan Duffy and Rich JJ.

Macrossan, for the appellant.

The judgment of the Court, which was delivered by Barton J., was as follows:—

Barton, Gavan Duffy and Rich JJ.

None of us think that if this is a judgment it is interlocutory. In the next place we do not think that it is a judgment. The High Court has jurisdiction under the Constitution to entertain appeals from judgments, decrees, orders and sentences, and there must be one of those in order to found an appeal under sec. 35. It seems to me that a judgment must be inter partes—that it must be pronounced in some litigation between parties. We cannot make any order in this case.

Solicitor, W. F. Webb, Crown Solicitor for Queensland.