R v Owens and Farrington [1933] HCA 20

R v Owens and Farrington [1933] HCA 20

A State Supreme Court judge had no jurisdiction to issue an order nisi for prohibition returnable before the High Court, and the High Court could not itself grant such an order nor extend time for appeal in these circumstances; special leave to appeal was refused as the case did not raise sufficiently clear legal issues for determination and, given undertakings provided by the union, no basis existed to depart from established authorities.

Parties
Applicant: The King; Respondents: Owens and Farrington; Ex Parte/applicant: Seaton
Jurisdiction
Australia
Procedural Posture
Application for Prohibition/special Leave to Appeal (high Court Practice Matter) / Application for Special Leave to Appeal After Procedural Objections to Prohibition Order
Outcome
Special leave to appeal refused; appeal struck out with costs.
Legal Topics
Writ of Prohibition, Jurisdiction of Courts, Appeal Out of Time, Binding Effect of Awards, Successor Liability in Industrial Awards
High Court Procedure Federal Jurisdiction Industrial Law Writ of Prohibition Jurisdiction of Courts Appeal Out of Time Binding Effect of Awards Successor Liability in Industrial Awards

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Parties

The King

Applicant

Owens and Farrington

Respondents

Seaton

Ex Parte/applicant

Procedural Posture

Application for Prohibition/special Leave to Appeal (high Court Practice Matter) / Application for Special Leave to Appeal After Procedural Objections to Prohibition Order

Legal Issues

  1. 1 Whether a Judge of the Supreme Court of New South Wales had jurisdiction to grant an order nisi for prohibition returnable before the High Court
  2. 2 Whether the High Court could itself grant a rule nisi for prohibition
  3. 3 Whether the High Court could extend the time for appeal

Ratio Decidendi

A State Supreme Court judge had no jurisdiction to issue an order nisi for prohibition returnable before the High Court, and the High Court could not itself grant such an order nor extend time for appeal in these circumstances; special leave to appeal was refused as the case did not raise sufficiently clear legal issues for determination and, given undertakings provided by the union, no basis existed to depart from established authorities.

Court Disposition

Special leave to appeal refused; appeal struck out with costs.

Orders

  • Appeal struck out with costs.