Backhouse v Moderana [1904] HCA 26

Backhouse v Moderana [1904] HCA 26

Irregular service of process is a ground for appeal and not for prohibition, and does not oust the jurisdiction of the Warden's Court; special leave to appeal will not be granted where the case only involves a doubtful question of fact and not a significant question of law or public importance.

Parties
Defendant: Backhouse; Plaintiff: Moderana
Jurisdiction
Australia
Judgment Date
11 October 1904
Procedural Posture
Application for Special Leave to Appeal / Motion for Special Leave to Appeal From the Supreme Court of Western Australia
Outcome
Application refused (special leave to appeal denied).
Legal Topics
Irregular Service of Process, Appeal, Prohibition, Jurisdiction of Warden's Court, Practice and Procedure
Civil Procedure Irregular Service of Process Appeal Prohibition Jurisdiction of Warden's Court Practice and Procedure

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Parties

Backhouse

Defendant

Moderana

Plaintiff

Procedural Posture

Application for Special Leave to Appeal / Motion for Special Leave to Appeal From the Supreme Court of Western Australia

Legal Issues

  1. 1 Whether irregular service of initiatory process ousts the jurisdiction of the Court.
  2. 2 Whether such irregularity is a ground for prohibition or merely for appeal.
  3. 3 Whether the Warden's Court had jurisdiction in the present case.

Ratio Decidendi

Irregular service of process is a ground for appeal and not for prohibition, and does not oust the jurisdiction of the Warden's Court; special leave to appeal will not be granted where the case only involves a doubtful question of fact and not a significant question of law or public importance.

Court Disposition

Application refused (special leave to appeal denied).