Whitehouse v Queensland [1961] HCA 55

Whitehouse v Queensland [1961] HCA 55

Although the case was possibly exceptional, the matters relied on did not take it outside the overriding principle underlying s. 74, and it would not be a correct exercise of the Court's very special discretion to allow the case to proceed to the Judicial Committee free from the limitations imposed by s. 74.

Jurisdiction
Australia
Procedural Posture
Application for a Certificate Under S. 74 of the Constitution / High Court Determination of Application for Certificate
Outcome
Application refused with costs.
Legal Topics
['certificate Under S. 74 of the Constitution' 'appeal to the Queen in Council' 'limits Inter Se of the Constitutional Powers of the Commonwealth and the States']
['constitutional Law' 'appellate Procedure'] ['certificate Under S. 74 of the Constitution' 'appeal to the Queen in Council' 'limits Inter Se of the Constitutional Powers of the Commonwealth and the States']

Case Brief

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Procedural Posture

Application for a Certificate Under S. 74 of the Constitution / High Court Determination of Application for Certificate

Legal Issues

  1. 1 ['Whether the High Court should certify under s. 74 of the Constitution that the question was one which ought to be determined by Her Majesty in Council.' 'Whether there was any special reason to grant a certificate for an appeal involving the limits inter se of the constitutional powers of the Commonwealth and Queensland.']

Ratio Decidendi

Although the case was possibly exceptional, the matters relied on did not take it outside the overriding principle underlying s. 74, and it would not be a correct exercise of the Court's very special discretion to allow the case to proceed to the Judicial Committee free from the limitations imposed by s. 74.

Court Disposition

Application refused with costs.

Orders

  • ['Application for a certificate under s. 74 of the Constitution refused with costs.']