Delph Singh v Karbowsky [1914] HCA 30

Delph Singh v Karbowsky [1914] HCA 30

By majority, the High Court has no jurisdiction under the Rules or statute to extend the time prescribed for giving security for costs for an appeal from a State Supreme Court. However, special leave to appeal may be granted in exceptional circumstances, and in this case—due to solicitor's default and unique facts—such leave was granted, restoring the parties to their original positions upon payment of costs.

Parties
Plaintiff: Delph Singh; Defendant: Victor Karbowsky
Jurisdiction
Australia
Judgment Date
13 May 1914
Procedural Posture
Appeal (motion/application) / Motion to Extend Time for Security for Costs & Alternative Application for Special Leave to Appeal From Supreme Court of New South Wales
Outcome
Special leave to appeal granted; no extension of time for security for costs under the ordinary rules.
Legal Topics
Extension of Time for Security for Costs, Special Leave to Appeal, Jurisdiction of High Court on Appeal, Abandonment of Appeal, Court Discretion on Procedural Requirements
Appellate Procedure Civil Procedure Extension of Time for Security for Costs Special Leave to Appeal Jurisdiction of High Court on Appeal Abandonment of Appeal Court Discretion on Procedural Requirements

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Parties

Delph Singh

Plaintiff

Victor Karbowsky

Defendant

Procedural Posture

Appeal (motion/application) / Motion to Extend Time for Security for Costs & Alternative Application for Special Leave to Appeal From Supreme Court of New South Wales

Legal Issues

  1. 1 Whether the High Court has jurisdiction to extend time for giving security for costs for an appeal from a State Supreme Court.
  2. 2 Whether failure by a solicitor to provide security within time bars the appeal absolutely.
  3. 3 Whether special leave to appeal should be granted in such circumstances.

Ratio Decidendi

By majority, the High Court has no jurisdiction under the Rules or statute to extend the time prescribed for giving security for costs for an appeal from a State Supreme Court. However, special leave to appeal may be granted in exceptional circumstances, and in this case—due to solicitor's default and unique facts—such leave was granted, restoring the parties to their original positions upon payment of costs.

Court Disposition

Special leave to appeal granted; no extension of time for security for costs under the ordinary rules.

Orders

  • Plaintiff's solicitor to pay costs of motion and of reference within fourteen days after taxation.
  • Notice of appeal to be given within seven days.