Adams v Herald and Weekly Times Limited

Herbert Adams commenced an action for libel against The Herald and Weekly Times Ltd. in the Supreme Court of Victoria, seeking £1,000 in damages. The trial judge directed the jury to find a verdict for the defendant, ruling that the article in question could not be interpreted in the defamatory sense alleged by the plaintiff. Consequently, the jury returned a verdict for the defendant. Adams then applied to the Full Court of the Supreme Court for a new trial, which was refused. Adams subsequently sought leave to appeal to the High Court from this refusal.

The central legal issue before the High Court was whether the order of the Full Court of the Supreme Court refusing to set aside a judgment for the defendant and grant a new trial constituted a final or interlocutory order. This determination was crucial for establishing whether an appeal to the High Court required leave.

The High Court held that an order of a State Supreme Court's Full Court refusing to set aside a judgment for a defendant and grant a new trial is a final order. Therefore, an appeal to the High Court from such an order is an appeal as of right, and leave to appeal is not necessary. The Court refused the application for leave to appeal on the basis that the applicant was entitled to appeal as of right.