Daily Telegraph Newspaper Company v McLaughlin
| Jurisdiction | UK Non-devolved |
| Judgment Date | 1904 |
| Date | 1904 |
| Year | 1904 |
| Court | Privy Council |
Practice - Special Leave to Appeal - High Court of Australia.
An application for special leave to appeal from the High Court of Australia will be treated in the same manner as an application for special leave to appeal from the Supreme Court of Canada. It will not be entertained save where the case is of gravity involving matter of public interest, or some important question of law, or affecting property of considerable amount, or where the case is otherwise of some public importance or of a very substantial character.
Where a limited company, acting upon a deed of transfer executed through a power of attorney signed by the plaintiff whilst of unsound mind, transferred shares standing in their register in his name, their Lordships, seeing no reason to doubt the correctness of the High Court's judgment to the effect that the power was void and the deed of transfer a nullity, declined to advise that special leave be given.
THIS was a petition by the appellants for special leave, under the circumstances stated in their Lordships' judgment, to appeal from a decree of the High Court. Under ss. 73 and 74 of the
The grounds of appeal stated in the petition were — (1.) that the High Court was not justified in reversing the finding of the Chief Judge on the facts; (2.) that it ought not to have been found that the plaintiff's wife at the date of the power of attorney granted to her by the plaintiff knew the state of his mind; (3.) that the petitioners having had no notice of the respondent's incapacity from mental infirmity to execute the power, and having in registering the transfers of shares acted in the ordinary course of business and with perfect bona fides, were not liable to the plaintiff in respect thereof.
H. Terrell, K.C., for the petitioners.
Sargant, for the respondent.
The judgment of their Lordships was delivered by
[1904 July 15.] LORD MACNAGHTEN. As this is the first instance in which application has been made for special leave to appeal to His Majesty from a decision of the High Court of Australia, their Lordships think it desirable to state the principles which in their opinion ought to guide this Board in tendering advice to His Majesty in such a case...
To continue reading
Request your trial
-
Minister for Immigration and Border Protection v Mohammed
...and Multicultural and Indigenous Affairs [2002] FCA 438; 116 FCR 557 Daily Telegraph Newspaper Co Ltd v McLaughlin (1904) 1 CLR 479; [1904] AC 776 HFM043 v Republic of Nauru [2018] HCA 37; 92 ALJR 817 Jadwan Pty Ltd v Secretary, Department of Health and Aged Care [2003] FCAFC 288; 145 FCR 1......
-
Daryl Sands Controller of Bank Crozier Ltd v Garvey Louison Liquidator of Bank Crozier Ltd ((in Liquidation)) v Peter Foster Liquidator of Bank Crozier International Ltd
...et al v The Minister of Foreign Affairs, Trade and Industry [1989] 26 JLR 390, Daily Telegraph Newspaper Company Limited v McLaughain [1904] AC 776, Etoile Commerciale SA v Owens Bank Ltd (No.2) [1993] 45 WIR 136 and Douglas and Other v Pindling [1996] 48 WIR 1 considered. THOMAS J.A. (AG.)......
-
Michael Levy v Attorney General of Jamaica and Another
...or public importance or otherwise, ought to be submitted to Her Majesty in Council”.’ 31 We would refer finally to Daily Telegraph Newspaper Company Limited v McLaughlin [1904] AC 776, a case dealing with an application to the Privy Council for special leave to appeal, in which the Board he......
-
Sands, Controller of Bank Crozier Ltd ((in Liquidation)) v Louison, Liquidator of Bank of Crozier Ltd et Al
...al v. The Minister of Foreign Affairs, Trade and Industry [1989] 26 J.L.R. 390, Daily Telegraph Newspaper Company Limited v. McLaughain [1904] A.C. 776, Etoile Commerciale SA v. Owens Bank Ltd (No.2) (1993) 45 W.I.R. 136 and Douglas and Other v. Pindling (1996) 48 W.I.R. 1 considered. 1 Tho......