Lever Bros Ltd v G Mowling and Son

Lever Brothers Ltd. sought an extension of time from the High Court to lodge a notice of appeal and an affidavit concerning a decision of the Supreme Court of Victoria, in which G. Mowling & Son were the opposing parties.

The primary legal issue before the High Court was whether it possessed the jurisdiction to grant an extension of time for giving notice of an appeal from a State Supreme Court, specifically in relation to the Rules of the High Court 1903, Part I, Order XLV, r. 6.

Griffith C.J. expressed significant doubt as to whether Order XLV, r. 6, applied to appeals from State Supreme Courts. His Honour indicated a disposition to the view that the Court lacked the necessary jurisdiction to extend the time for such a notice of appeal. Consequently, the summons was dismissed with costs.