CRITTENDEN V. ANDERSON

0.18880/46

HX Dey, Gor, Prist, Med.

IN THE HIGH COURT OF AUSTRALIA

REASONS FOR JUDGMENT

SYDNEY

delivered at_ Sire SDAY, 23rd AUGUST, 1950.

Judgm

on.

JUDGMENT. EULLAGAR J.

The subject matter of this application is a petition addressed to this Court as the Court of Disputed Returns under Part XVIII of the Commonwealth Electoral Act 1918-1949. The application is made by the respondent to the petition, who asks that proceedings on the petition be stayed on the ground that it is vexatious ami an abuse of the process of the Court. I consider that I have power to deal with such an application and to deal with it in chambers. Order LI.B of the Rules of this Court contains rules dealing with election petitions and made under sec. 202 of the Act. Rule 1 provides that the Rules of Court contained in Part I of the Rules shall, so far as the same are applicable, and are not inconsistent with Order LI.B, extend and apply to proceedings in the High Court in the exercise of its jurisdiction as the Court of Disputed Returns It further provides that a petition disputing an election or return shall be deemed to be an originating proceeding within the meaning of Part I of the Rules. Order XLIV, Rule 1, which occurs in Part I, provides that the Court or a Justice may, at any time after the institution of a cause or matter, direct a stay of proceedings either as to the whole cause or matter or as to any proceedings therein. Order I, Rule 1, states that the document by which a cause or matter is commenced is called an "originating proceeding". The proceeding commenced by the petition seem, therefore, to be a cause or matta@ within the meaning of Order XLIV, Rule 1, And Order XLVI, Rule 1, provides that an application which by Rules of Court is authorised to be made to a Justice and is not specifically required to be made to a Justice in Court (Words which include an application for an order under Order XLIV, Rule 1) may be heard and determined by a Justice in Chambers. With regard to the grounds