High Court of Australia
} OF AUSTRALIA. 383
Salctrs for the appellant, Crick ce Carroll H.C. oF A. Giietors for the respondent, Zhe Crown Solicitor of New 1%
Wales. Quax Yiex. ca WwW. Hig ef
[HIGH COURT OF AUSTRALIA.]
|NIEL WILKIE. Shad tos APPELLANT;
DEFENDANT, AND
)\AVID ELLIOT WILKIE : : 5 . RESPONDENT. PLAINTIFF,
ON APPEAL FROM THE SUPREME COURT OF VICTORIA.
Prucice—Appeal book—What Documents to be inserted —Rules of High Court 1903, 44. ¢, op A. Part IL, sec. IV., rr. M1, 15. 1905.
Tn preparing che appeal book for an appeal from the Supreme Court of a = State, the appellant is not required by the Rules of the High Court 1903, Part ~ Pra farch 7
IL, see, IV., rt. 11, 15, to include all the documentary evidence, but should include such documents as he thinks necessary. 'The respondent may apply Grimth 0... tothe Court to have inserted any documents which he thinks are necessary, Garton and
and which have been omitted.
Areuication.
than action brought by David Elliot Wilkie, against Daniel Wilkie, Alexander McCalla, and John Creuze Hingston Ogier, the itare of which it is not necessary to state as the action was 'absequently settled, judgment was given by the Full Court in favour of the plaintiff. (Sve [1905] V.LR., 278; 26 A.L'T., 133).
The defendants Daniel Wilkie, and Ogier each appealed to the h Court.
_ Schutt for the appellant Daniel Wilkie asked the Court whether Mas necessary under the Rules of the High Court 1903, Part IL, WV, rr 11, 15 (as amended by Rules of Court Oct. 12th, 1903), the appellant to set out in the appeal book the whole of the
'384
H.C. or A. documentary evidence which had been used at the original he
1905. Winxre
Winxte
HIGH COURT
Rule 7 of the Rules of the Supreme Court of Vietoria 1909, LVIIL, requires the contents of the appeal book to be settled | the Judge who heard the case. There is no such rule of Court.
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