Dalgarno v Hannah [1903] HCA 1

Dalgarno v Hannah [1903] HCA 1

The High Court exercised its discretion and determined that, notwithstanding arguments about constitutional or statutory sources of appellate jurisdiction, the nature of the case does not justify granting special leave to appeal. The order granting leave is rescinded.

Parties
Appellant; Defendant: Dalgarno; Respondent; Plaintiff: Hannah
Jurisdiction
Australia
Judgment Date
11 November 1903
Procedural Posture
Motion to Rescind Order Granting Special Leave to Appeal / Determination of Motion for Rescission of Special Leave to Appeal
Outcome
Motion granted; leave to appeal rescinded; costs ordered against appellant
Legal Topics
Appeals, Federal Jurisdiction, Special Leave to Appeal, Negligence, Retrospective Operation of Statutes
Constitutional Law Civil Procedure Torts Appeals Federal Jurisdiction Special Leave to Appeal Negligence Retrospective Operation of Statutes

Case Brief

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Parties

Dalgarno

Appellant; Defendant

Hannah

Respondent; Plaintiff

Procedural Posture

Motion to Rescind Order Granting Special Leave to Appeal / Determination of Motion for Rescission of Special Leave to Appeal

Legal Issues

  1. 1 Whether the High Court has jurisdiction to entertain appeals from judgments pronounced before the passing of the Judiciary Act 1903
  2. 2 Whether the case justifies granting special leave to appeal even if jurisdiction exists

Ratio Decidendi

The High Court exercised its discretion and determined that, notwithstanding arguments about constitutional or statutory sources of appellate jurisdiction, the nature of the case does not justify granting special leave to appeal. The order granting leave is rescinded.

Court Disposition

Motion granted; leave to appeal rescinded; costs ordered against appellant

Orders

  • Order for leave to appeal rescinded
  • Appellant to pay respondent's costs of the motion