R W Miller & Co (South Australia) Pty Limited v McKain

This matter came before the High Court of Australia concerning an application by R W Miller & Co (South Australia) Pty Limited for the removal of a case from the Supreme Court of New South Wales into the High Court's original jurisdiction. The dispute arose from an action in tort.

The primary legal issue before the High Court was whether to grant the application for removal. This involved considering the complexities and uncertainties surrounding the applicable legal principles, particularly in light of the High Court's previous decision in *Breavington*. The court was required to determine if the case presented a situation where its original jurisdiction should be exercised to clarify the law and ensure uniformity.

The applicant argued that lower courts, if faced with the question, would be bound by *Breavington*, where there was significant division among the Justices regarding the common law position on interstate torts and the application of section 118 of the Constitution. The applicant contended that seeking guidance from state courts on these uncertain points would not assist the High Court and that the High Court itself should resolve the ambiguity to provide certainty and avoid potential injustice. The court acknowledged that the matter was not unimportant and that its own experience could bring greater order to the proceedings.