Cameron v Irwin [1908] HCA 3

Cameron v Irwin [1908] HCA 3

Special leave to appeal will be refused where the issue is solely a question of fact and there is no jurisdictional or legal error justifying intervention.

Parties
Appellant/plaintiff: Robert Miles Fletcher Cameron; Respondents/defendants: Offley Irwin and three others
Jurisdiction
Australia
Judgment Date
24 February 1908
Procedural Posture
Appeal / Application for Special Leave to Appeal to the High Court From the Judgment of the Full Court of the Supreme Court of Western Australia
Outcome
Special leave to appeal refused; motion dismissed with costs.
Legal Topics
Jury Verdict, Special Leave to Appeal, Setting Aside Judgment, Interference With Jury Verdict
Tort Law Civil Procedure Jury Verdict Special Leave to Appeal Setting Aside Judgment Interference With Jury Verdict

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Parties

Robert Miles Fletcher Cameron

Appellant/plaintiff

Offley Irwin and three others

Respondents/defendants

Procedural Posture

Appeal / Application for Special Leave to Appeal to the High Court From the Judgment of the Full Court of the Supreme Court of Western Australia

Legal Issues

  1. 1 Whether special leave to appeal should be granted where the Full Court reversed a jury verdict without setting aside the verdict
  2. 2 Whether it is appropriate for a court to enter judgment for defendants without motion to set aside the jury verdict

Ratio Decidendi

Special leave to appeal will be refused where the issue is solely a question of fact and there is no jurisdictional or legal error justifying intervention.

Court Disposition

Special leave to appeal refused; motion dismissed with costs.

Orders

  • Special leave refused
  • Motion dismissed with costs