Smith's Weekly Publishing Co Ltd v Myerson [1924] HCA 7; (1924) 34 CLR 141 (24 March 1924)

HIGH COURT OF AUSTRALIA

Smith's Weekly Publishing Company Limited Defendant, Applicant; and Myerson Plaintiff, Respondent.

H C of A

24 March 1924

Knox C.J., Isaacs, Gavan Duffy and Starke JJ.

Watt K.C. (with him Weston and Evatt), for the applicant.

Broomfield K.C. and Mason,

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

Knox C.J.,

Isaacs, Gavan Duffy and Starke JJ.

We are all of opinion that leave to appeal should not be granted. The position can be stated in a very few words. The proposed appellant, having had an order for a new trial made against it by the Supreme Court, applied to the Supreme Court under the Order in Council for leave to appeal to the Privy Council. The Supreme Court, for reasons which it thought sufficient, refused that leave. That decision was either right or wrong. Probably we ought to consider that it was right as it has not been challenged. If it was right, it was right on the ground that the case was not one which, by reason of its public importance or otherwise, ought to be submitted to His Majesty in Council for decision. If that is so, it is difficult to see why leave should be granted to appeal to this Court, On the other hand, looking at the possibility that the Supreme Court in refusing leave was wrong, although its decision was not challenged, the proposed appellant still has its means of redress. It has selected the Privy Council as its tribunal, and can apply to the Privy Council for special leave to appeal from either decision of the Supreme Court. The application will be refused.

Watt K.C., formally moved for special leave to appeal from that portion of the order of the Supreme Court which ordered the fifth plea to be struck out.

Knox C.J.,

Isaacs, Gavan Duffy and Starke JJ.

Per Curiam. Special leave to appeal will be refused.

Leave and special leave to appeal refused.

Solicitors for the appellant, Norton Smith & Co.

Solicitors for the respondent, John Williamson & Sons.