O'Mara v Harris [1948] HCA 18

O'Mara v Harris [1948] HCA 18

The Supreme Court had no power to award costs on appeal under the Landlord and Tenant Regulations; the High Court varied the order by striking out the provision as to costs due to Regulation 75's prohibition.

Jurisdiction
Australia
Procedural Posture
Application for Special Leave to Appeal / Decision on Special Leave; Variation of Supreme Court Order
Outcome
Special leave to appeal granted; order of Supreme Court varied; appeal allowed with respect to costs provision.
Legal Topics
['costs' 'appeals' 'dependant Status Under War Service Moratorium Regulations']
['landlord and Tenant' 'war Service Moratorium'] ['costs' 'appeals' 'dependant Status Under War Service Moratorium Regulations']

Case Brief

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Procedural Posture

Application for Special Leave to Appeal / Decision on Special Leave; Variation of Supreme Court Order

Legal Issues

  1. 1 ['Whether the respondent was a female dependant of a discharged member of the forces under Regulation 28A of the War Service Moratorium Regulations' 'Whether the Supreme Court had jurisdiction to order costs contrary to Regulation 75 of the Landlord and Tenant Regulations']

Ratio Decidendi

The Supreme Court had no power to award costs on appeal under the Landlord and Tenant Regulations; the High Court varied the order by striking out the provision as to costs due to Regulation 75's prohibition.

Court Disposition

Special leave to appeal granted; order of Supreme Court varied; appeal allowed with respect to costs provision.

Orders

  • ['Special leave to appeal granted.' 'Order of Supreme Court varied by striking out the provision as to costs.' 'No order as to costs of the application for special leave to appeal.']