Willmott v Kaufline [1909] HCA 49

36 HIGH COURT fet

(HIGH COURT OF AUSTRALIA.]

WILLMOTT . 'i ; - 5 7 Fi . APPELLANT; —

AND

E. " 3 . ' $ . RESPONDENT,

KAUFL

ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.

H.C. or A, Crown Lands Act (N.S.W.) 1884 (48 Vict. No. 18), sec. 17—Crown Lands Act

1909. 1889 (53 Vict. No. 21), sec. 8, sub-sec. (vi.)—Crown Lands Amendment Act oe ~1905 (No. 42 of 1905), secs. 6 (2), 7—Appeal from decision of Land Board— Sypyey, Security for costs of appeal—Deposit of money order not payable to bearer— Aug. 9, 13. Objection to jurisdiction of Appellate Court—Question of law—Appeal by

aanees special case,

O'Ce id Isaacs JJ. Crown Lands Amendment Act 1908 (N.S. W.) (No. 30 of 1908), sec. 42, Schedule—

Right of appeal from Land Board—Effect of subsequent legislation.

Under the Crown Lands Acts questions arising between rival applicants for Crown lands are determined by the Land Board of the district. By sec. 17 of the Crown Lands Act 1884, as amended by later Acts, either party to any such proceeding may appeal to the Land Appeal Court within a specified time on giving notice and depositing with the Chairman of the Board from whose decision the appeal is to be brought the sum of £5 as security for costs of the appeal. By sec. 8, sub-sec. vi. of the Crown Lands Act 1889 the Land Appeal Court in any case before it shall, if required by either party, and may of its own motion state a case upon any question of law arising and submit it for decision to the Supreme Court.

Held, that a question arising before the Land Appeal Court as to its jurisdiction to entertain a particular appeal was a question of law within the — meaning of the last-mentioned sub-section, and therefore might be submitted by special case to the Supreme Court. Objections to the jurisdiction of the Land Appeal Court to entertain an appeal may be taken by way of appeal to the Supreme Court, whether they can or not be taken by prohibition.