Sobye v Levy [1909] HCA 70
Whether the competition was a lottery was a question of fact; as such, special leave to appeal was refused because the High Court does not grant leave on mere questions of fact. Majority found that the Supreme Court determination was not a legal error requiring special leave.
- Parties
- Informant/applicant: Sobye; Respondent/defendant: Levy
- Jurisdiction
- Australia
- Judgment Date
- 19 November 1909
- Procedural Posture
- Application for Special Leave to Appeal (criminal) / High Court of Australia, Application for Special Leave to Appeal From the Supreme Court of New South Wales
- Outcome
- Special leave to appeal refused.
- Legal Topics
- Lottery Definition, Special Leave to Appeal, Gaming and Betting Act 1906 (n.s.w.), Police Offences (amendment) Act 1908 (n.s.w.)
Case Brief
Summary, issues, holding and outcome
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Parties
Sobye
Informant/applicant
Levy
Respondent/defendant
Procedural Posture
Application for Special Leave to Appeal (criminal) / High Court of Australia, Application for Special Leave to Appeal From the Supreme Court of New South Wales
Legal Issues
- 1 Whether the competition was a lottery under the relevant legislation
- 2 Whether the issue was a question of fact or law suitable for special leave to appeal
Ratio Decidendi
Whether the competition was a lottery was a question of fact; as such, special leave to appeal was refused because the High Court does not grant leave on mere questions of fact. Majority found that the Supreme Court determination was not a legal error requiring special leave.
Court Disposition
Special leave to appeal refused.
Orders
- Application for special leave to appeal refused.
Full Case Text
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