Hannah v Dalgarno

The High Court of Australia considered an application for special leave to appeal from a judgment of the Supreme Court of New South Wales. The dispute concerned the jurisdiction of the High Court to entertain an appeal from a judgment delivered by the Supreme Court of New South Wales, which had been exercising federal jurisdiction, prior to the commencement of the Judiciary Act 1903.

The central legal issue before the High Court was whether the Constitution of the Commonwealth, specifically sections 71 and 73, conferred a right of appeal to the High Court from judgments pronounced by a State Supreme Court exercising federal jurisdiction, even if those judgments were delivered before the Judiciary Act 1903 was passed. The Court also considered the implications of the Claims against the Commonwealth Act 1902.

The Court reasoned that the establishment of the High Court under Chapter III of the Constitution vested it with the judicial power of the Commonwealth, including appellate jurisdiction as defined by the Constitution and federal law. Sections 71 and 73 of the Constitution were interpreted as granting the High Court broad appellate powers, which were not limited by the subsequent passage of the Judiciary Act 1903. The Court held that the right of appeal existed by virtue of the Constitution itself, irrespective of the timing of the Supreme Court's judgment relative to the Judiciary Act.

Special leave to appeal was granted.