Mostert v Durban Roodepoort Deep Ltd

Mostert (the applicant) sought to appeal a decision of the Full Court of the Supreme Court of Western Australia, which had dismissed his appeal against a judgment of the Supreme Court of Western Australia. The dispute concerned the applicant's claim for damages against Durban Roodepoort Deep Ltd (the respondent) for alleged breaches of contract and misrepresentation. The High Court of Australia was asked to determine whether it had jurisdiction to hear the appeal.

The primary legal issue before the High Court was whether the applicant had a right of appeal to the High Court as of right, or whether special leave to appeal was required. This turned on whether the judgment of the Full Court of the Supreme Court of Western Australia was a "judgment of the court of a State from which an appeal lies to the High Court as of right".

The High Court held that the judgment of the Full Court of the Supreme Court of Western Australia was not a judgment from which an appeal lay to the High Court as of right. Their Honours reasoned that the relevant legislation, the *Judiciary Act 1903* (Cth), stipulated that appeals to the High Court as of right were generally limited to judgments of the Supreme Court of a State exercising federal jurisdiction, or in specific circumstances involving the interpretation of the Constitution. The judgment below did not fall within these categories.

Consequently, the High Court dismissed the application for leave to appeal, finding that special leave was required and had not been granted.