Grosglik v Grant (No 2) [1947] HCA 1

Grosglik v Grant (No 2) [1947] HCA 1

The High Court lacks power to admit fresh evidence on appeal because the rule governing the manner of appeal does not incorporate State law provisions for hearing the appeal, including admission of fresh evidence.

Parties
Appellant; Defendant: Grosglik; Respondent; Complainant: Grant
Jurisdiction
Australia
Procedural Posture
Application / Application for Leave to Admit Fresh Evidence on Appeal
Outcome
application refused
Legal Topics
Admission of Fresh Evidence, Federal Jurisdiction, Procedural Rules for Appeals
Appeals Procedure Admission of Fresh Evidence Federal Jurisdiction Procedural Rules for Appeals

Case Brief

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Parties

Grosglik

Appellant; Defendant

Grant

Respondent; Complainant

Procedural Posture

Application / Application for Leave to Admit Fresh Evidence on Appeal

Legal Issues

  1. 1 Whether the High Court can admit fresh evidence on the hearing of an appeal from an inferior State court exercising Federal jurisdiction

Ratio Decidendi

The High Court lacks power to admit fresh evidence on appeal because the rule governing the manner of appeal does not incorporate State law provisions for hearing the appeal, including admission of fresh evidence.

Court Disposition

application refused

Orders

  • application for admission of fresh evidence is refused