Commonwealth v Miller [1910] HCA 46

Commonwealth v Miller [1910] HCA 46

Section 64 of the Judiciary Act 1903 operates to give parties the same procedural rights, including discovery, as between the Commonwealth and a private litigant in the Supreme Court of Victoria, as nearly as possible. The Supreme Court has jurisdiction to order discovery or answers to interrogatories against the Commonwealth and may do so by ordering an appropriate officer to make the necessary affidavit or response. The appeal was dismissed.

Parties
Appellant; Defendant: The Commonwealth; Respondent; Plaintiff: Miller and another
Jurisdiction
Australia
Judgment Date
12 September 1910
Procedural Posture
Appeal / Final Judgment on Appeal From the Supreme Court of Victoria
Outcome
appeal dismissed
Legal Topics
Discovery Against the Commonwealth, Jurisdiction of State Supreme Courts, Interpretation of Judiciary Act 1903
Civil Procedure Constitutional Law Discovery Against the Commonwealth Jurisdiction of State Supreme Courts Interpretation of Judiciary Act 1903

Case Brief

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Parties

The Commonwealth

Appellant; Defendant

Miller and another

Respondent; Plaintiff

Procedural Posture

Appeal / Final Judgment on Appeal From the Supreme Court of Victoria

Legal Issues

  1. 1 Whether the Supreme Court of Victoria has jurisdiction to order discovery (answers to interrogatories and discovery of documents) against the Commonwealth in an action brought in that Court
  2. 2 Whether the rights under sec. 64 of the Judiciary Act 1903 include procedural rights, specifically discovery, as between party and party

Ratio Decidendi

Section 64 of the Judiciary Act 1903 operates to give parties the same procedural rights, including discovery, as between the Commonwealth and a private litigant in the Supreme Court of Victoria, as nearly as possible. The Supreme Court has jurisdiction to order discovery or answers to interrogatories against the Commonwealth and may do so by ordering an appropriate officer to make the necessary affidavit or response. The appeal was dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.