Grayndler v Cunich [1939] HCA 32

Grayndler v Cunich [1939] HCA 32

Appeals to the High Court from a Court of Petty Sessions exercising Federal jurisdiction are only competent when brought according to the manner prescribed by State law for appeals to the Supreme Court; notices of appeal are incompetent where State law requires appeals by case stated. Statutory prohibition by an informant against dismissal and costs order is not a permissible vehicle for appeal. Special leave to appeal was refused, and all appeals were struck out.

Parties
Appellant/informant: Edward Grayndler; Respondent/defendant: Baldo Cunich
Jurisdiction
Australia
Procedural Posture
Appeal From Court of Petty Sessions (n.s.w.) Exercising Federal Jurisdiction / Appeal to High Court From Inferior Court
Outcome
Appeals struck out; special leave to appeal refused
Legal Topics
Dismissal of Employees Under Industrial Award, Appeals Procedure, Statutory Prohibition, Cost Orders, Interpretation of Commonwealth Conciliation and Arbitration Act S.9
Federal Jurisdiction Industrial Law Criminal Law Appeals Dismissal of Employees Under Industrial Award Appeals Procedure Statutory Prohibition Cost Orders +1 more

Case Brief

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Parties

Edward Grayndler

Appellant/informant

Baldo Cunich

Respondent/defendant

Procedural Posture

Appeal From Court of Petty Sessions (n.s.w.) Exercising Federal Jurisdiction / Appeal to High Court From Inferior Court

Legal Issues

  1. 1 Whether appeal to the High Court from a State inferior court exercising Federal jurisdiction is competent when not brought in the manner prescribed by State law for appeals to the Supreme Court
  2. 2 Whether statutory prohibition under s.112 of the Justices Act 1902 (N.S.W.) applies to the order for costs where information is dismissed
  3. 3 Interpretation and operation of s.9 of Commonwealth Conciliation and Arbitration Act regarding dismissal of employees for being union members or entitled to award benefits

Ratio Decidendi

Appeals to the High Court from a Court of Petty Sessions exercising Federal jurisdiction are only competent when brought according to the manner prescribed by State law for appeals to the Supreme Court; notices of appeal are incompetent where State law requires appeals by case stated. Statutory prohibition by an informant against dismissal and costs order is not a permissible vehicle for appeal. Special leave to appeal was refused, and all appeals were struck out.

Court Disposition

Appeals struck out; special leave to appeal refused

Orders

  • Appeals instituted by notices of appeal struck out
  • Order nisi for statutory prohibition struck out