Re Eather v R [1915] HCA 86
The Court possesses unfettered discretion under sec. 35(1)(b) of the Judiciary Act to grant or refuse special leave, but a prima facie case showing special circumstances must be made.
- Parties
- Applicant: Eather; Respondent: The King
- Jurisdiction
- Australia
- Judgment Date
- 15 June 1915
- Procedural Posture
- Criminal Appeal / Application for Special Leave to Appeal
- Outcome
- Motion dismissed
- Legal Topics
- Special Leave to Appeal, Discretion of High Court
Case Brief
Summary, issues, holding and outcome
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Parties
Eather
Applicant
The King
Respondent
Procedural Posture
Criminal Appeal / Application for Special Leave to Appeal
Legal Issues
- 1 Whether the High Court's discretion under sec. 35(1)(b) of the Judiciary Act to grant special leave in criminal matters is fettered and whether a prima facie case with special circumstances is required.
Ratio Decidendi
The Court possesses unfettered discretion under sec. 35(1)(b) of the Judiciary Act to grant or refuse special leave, but a prima facie case showing special circumstances must be made.
Court Disposition
Motion dismissed
Full Case Text
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