Chidley v Smithers

The case of Chidley v Smithers involved an appeal to the High Court of Australia from a decision of the Supreme Court of New South Wales. The appellant, William James Chidley, had been convicted under the Obscene and Indecent Publications Act 1901 (N.S.W.) for being the owner of obscene publications and an order had been made for their destruction. The Supreme Court had affirmed both the conviction and the destruction order.

The primary legal issue before the High Court was whether special leave to appeal, previously granted to the appellant, should be rescinded. This question was to be determined in accordance with the practice established in *Eather v. The King*.

A majority of the High Court, comprising Isaacs, Gavan Duffy, and Rich JJ., held that the special leave to appeal should be rescinded, applying the rule from *Eather v. The King*. Griffith C.J. dissented from this view.

Consequently, the special leave to appeal from the Supreme Court of New South Wales was rescinded.