The Queen v Richards; Ex parte

[1955] HCA 37

HIGH COURT OF AUSTRALIA

Viscount Simonds, Lord Radcliffe, Lord Tucker, Lord Cohen, Lord Somervell of Harrow

THE QUEEN v. RICHARDS; Ex parte FITZPATRICK AND BROWNE

(1955) 92 CLR 171

14 July 1955

Privy Council

Privy Council—Appeal from High Court—Special leave—Grounds on &hich granted—Great public importance—Basis for challenge to judgment under appeal.

Decision

The judgment of their Lordships was delivered by: -
VISCOUNT SIMONDS. In order that their Lordships may feel justified in advising Her Majesty to grant leave to appeal, two conditions at least must be satisfied. The first is that the matter under review should be one of great public importance. That condition is satisfied in this case. But the second condition is this: it must be shown that there is some ground for challenging the correctness of the judgment against which it is sought to appeal. In this case, having carefully considered the judgment of the Chief Justice of the High Court of Australia, and having listened to the arguments that have been adduced against its correctness, their Lordships are satisfied that that judgment is unimpeachable, and that leave to appeal should not be granted. Their Lordships will humbly advise Her Majesty accordingly. (at p172)

Orders

Petition dismissed.