Ah Yick v Lehmert [1905] HCA 22

Ah Yick v Lehmert [1905] HCA 22

The High Court held that sec. 39 of the Judiciary Act 1903, enacted pursuant to sec. 77 of the Constitution, validly invests State courts with appellate federal jurisdiction within the limits of their several State jurisdictions. Accordingly, the Court of General Sessions of Victoria had jurisdiction to hear an appeal from a conviction under the Immigration Restriction Act 1901, and should not have declined jurisdiction.

Parties
Appellant; Defendant: Ah Yick; Respondent; Informant: Albert Lehmert; Respondent; Judge Challenged in Mandamus: His Honor Judge Johnston
Jurisdiction
Australia
Judgment Date
07 August 1905
Procedural Posture
Appeal (including Application for Mandamus) / High Court on Appeal From Court of General Sessions, Victoria
Outcome
Appeal allowed
Legal Topics
Appellate Jurisdiction of State Courts, Federal Judicial Power, Interpretation of Judiciary Act 1903, Mandamus, Appeal Rights Under Federal Law
Constitutional Law Federal Jurisdiction Appellate Jurisdiction of State Courts Federal Judicial Power Interpretation of Judiciary Act 1903 Mandamus Appeal Rights Under Federal Law

Case Brief

Summary, issues, holding and outcome

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Parties

Ah Yick

Appellant; Defendant

Albert Lehmert

Respondent; Informant

His Honor Judge Johnston

Respondent; Judge Challenged in Mandamus

Procedural Posture

Appeal (including Application for Mandamus) / High Court on Appeal From Court of General Sessions, Victoria

Legal Issues

  1. 1 Whether Parliament can confer appellate federal jurisdiction on State courts under sec. 77 of the Constitution
  2. 2 Whether sec. 39 of the Judiciary Act 1903 vests appellate jurisdiction in State courts over convictions under Commonwealth law
  3. 3 Remedy when a State court declines jurisdiction in a matter of invested federal jurisdiction

Ratio Decidendi

The High Court held that sec. 39 of the Judiciary Act 1903, enacted pursuant to sec. 77 of the Constitution, validly invests State courts with appellate federal jurisdiction within the limits of their several State jurisdictions. Accordingly, the Court of General Sessions of Victoria had jurisdiction to hear an appeal from a conviction under the Immigration Restriction Act 1901, and should not have declined jurisdiction.

Court Disposition

Appeal allowed

Orders

  • Order appealed from discharged
  • Case remitted to justices with directions to convict