Parkin v James
Case
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[1905] HCA 64
•19 April 1905
Details
AGLC
Case
Decision Date
Parkin v James [1905] HCA 64
[1905] HCA 64
19 April 1905
CaseChat Overview and Summary
This matter concerned an appeal to the High Court of Australia from a judgment of the Supreme Court of Victoria, pronounced by a single judge in chambers by way of an order on an originating summons. The parties involved were Parkin and James.
The High Court was required to determine whether special leave to appeal should be granted under section 35 of the Judiciary Act 1903 (Cth) from the judgment of the Supreme Court of Victoria. This involved considering the conditions and requirements for appeals to the High Court from state Supreme Courts, particularly in circumstances where the judgment originated from a single judge in chambers.
The Court considered the interplay between the Judiciary Act and the Supreme Court Act (Victoria), as well as the Rules of the Supreme Court of Victoria 1884. The application for special leave was ultimately dismissed.
The High Court was required to determine whether special leave to appeal should be granted under section 35 of the Judiciary Act 1903 (Cth) from the judgment of the Supreme Court of Victoria. This involved considering the conditions and requirements for appeals to the High Court from state Supreme Courts, particularly in circumstances where the judgment originated from a single judge in chambers.
The Court considered the interplay between the Judiciary Act and the Supreme Court Act (Victoria), as well as the Rules of the Supreme Court of Victoria 1884. The application for special leave was ultimately dismissed.
Details
Key Legal Topics
Areas of Law
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Constitutional Law
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Civil Procedure
Legal Concepts
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Appeal
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Jurisdiction
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Standing
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Judicial Review
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Citations
Parkin v James [1905] HCA 64
Most Recent Citation
O'Connell v Nixon [2007] VSCA 131
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