Lever Bros Ltd v G Mowling and Son

[1908] HCA 4

5 CLR 510

LEVER BROS. LTD. G. MOWLING &SON Practice-Appeal from Supreme Court of State-Extension - of time for giving notice

- -Rules of the High Court 1903, Part I., Order XLV., r. 6; Part II., Section I., r. 4, Section III., r. 4. MELBOURNE,

Semble, Rules of the High Court 1903, Part I., Order XLV., r. 6, does not apply to an appeal from the Supreme Court of a State, and the High Court has no jurisdiction to extend the time for giving notice of such an appeal. SUMMONS.

This was an application by Lever Brothers Ltd., who proposed to appeal from a decision of the Supreme Court of Victoria, in a

5 CLR 511

matter in which they and G. Mowling &Son were parties (In re Application of G. Mowling &Son, Ex parte Lever Brothers Ltd.) 1 for an extension of the time within which to give notice of appeal and to file the affidavit required by r.7A of Section III. of Part II. of the Rules of the High Court 1903.

Sproule, for the appellants, in support, referred to Rules of the High Court, Part I, Order XLV., r. 6; Part II., Section I.,. 4, and Section III., r. 4.

Levinson, for the respondents, contrá, was not called upon.

GRIFFITH C.J. I have grave doubts whether Order XLV., I'. 6, has any application to such a matter as this. I am disposed to think that I have no jurisdiction to extend the time for giving notice of appeal. If the power exists, I think it is one that ought not to be exercised.

Summons dismissed, with costs. Solicitor, for appellants, E. Hart for A. De Lissa, Sydney. Solicitors, for respondents, Braham &Pirani.

1(1908) V.L.R., 123; 29 A.L.T., 169