Henderson v Pioneer Homes Pty Ltd [1979] HCA 55

Henderson v Pioneer Homes Pty Ltd [1979] HCA 55

Section 25(6) of the Federal Court of Australia Act 1976 permits a single judge to state a case to the Full Court in criminal prosecutions, as long as the matter is of a kind with respect to which an appeal would lie from a judgment of the judge (irrespective of the actual outcome). The power is not precluded simply because an acquittal would not itself give rise to an appeal; the section applies unless it is certain from the outset that no appeal could arise. Accordingly, Smithers J. was empowered to state the special case, and mandamus should issue to require the Full Court to exercise its jurisdiction. The application for special leave to appeal should therefore be dismissed.

Jurisdiction
Australia
Procedural Posture
Application for Special Leave to Appeal and Application for Writ of Mandamus / High Court Hearing and Determination of Applications
Outcome
Application for special leave to appeal dismissed. Mandamus granted.
Legal Topics
['appeals From the Federal Court' 'jurisdiction of the Federal Court of Australia' 'power to State a Special Case' 'writs (mandamus)']
['criminal Law' 'administrative Law' 'statutory Interpretation'] ['appeals From the Federal Court' 'jurisdiction of the Federal Court of Australia' 'power to State a Special Case' 'writs (mandamus)']

Case Brief

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Procedural Posture

Application for Special Leave to Appeal and Application for Writ of Mandamus / High Court Hearing and Determination of Applications

Legal Issues

  1. 1 ['Does s. 25(6) of the Federal Court of Australia Act 1976 empower a single judge to state a special case to the Full Court in a criminal prosecution?' 'Whether writ of mandamus should issue directing the Full Court of the Federal Court to exercise its jurisdiction concerning the special case.' 'Whether special leave to appeal from the decision of the Full Court should be granted.']

Ratio Decidendi

Section 25(6) of the Federal Court of Australia Act 1976 permits a single judge to state a case to the Full Court in criminal prosecutions, as long as the matter is of a kind with respect to which an appeal would lie from a judgment of the judge (irrespective of the actual outcome). The power is not precluded simply because an acquittal would not itself give rise to an appeal; the section applies unless it is certain from the outset that no appeal could arise. Accordingly, Smithers J. was empowered to state the special case, and mandamus should issue to require the Full Court to exercise its jurisdiction. The application for special leave to appeal should therefore be dismissed.

Court Disposition

Application for special leave to appeal dismissed. Mandamus granted.

Orders

  • ['Application for special leave to appeal dismissed.' 'Order that a writ of mandamus issue directed to the Federal Court of Australia and Judges thereof (Smithers, Franki and Northrop JJ.), commanding them to exercise, in relation to the Special Case stated by Smithers J., the jurisdiction conferred upon them by s....