Grosglik v Grant (No 2) [1947] HCA 1

74C.LR.] OF AUSTRALIA.

{HIGH COURT OF AUSTRALIA.)

GROSGLIK - - - - - - - - APPELLANT ; DEFENDANT, AND GRANT - - - - - - - - REsPonDENT, CoMPLAINANT, [No. 2]

High Court—A ppeal—Procedure—Admission of fresh evidence—Appeal from inferior court of State exercising Federal jurisdiction—Appeal to be "brought in the same manner . . . and subject to the same conditions . . as prescribed by the law of the Slate" —The Constitution (63 & 64 Vict. c. 12), 8 73 (ii.)—Judiciary Act 1903-1940 (No. 6 of 1903—No. 50 of 1940), s. 39— High Court Rules, Part II., Section IV., r. 1.

The High Court will not admit fresh evidence on the hearing of an appeal. This rule applies to an appeal from a State court of petty sessions exercising Federal jurisdiction. 'The provision of Part IL, Section IV., rule 1, of the High Court Rules that such an appeal shall be brought in the manner prescribed by State law for bringing an appeal to the State Supreme Court does not incorporate the provisions of a State statute which would empower the Supreme Court to admit fresh evidence on the hearing of an appeal to it.

APPLICATION.

This was an application by the respondent to the appeal, Grosglik v. Grant (heard together with Amad v. Grant), from the report of which (1) it will be seen that the appeal was by way of order to review (as prescribed by s. 150 of the Justices Act 1928 (Vict.) in relation to the Supreme Court of the State) from the decision of a police magistrate sitting as a court of petty sessions of Victoria (the appeal having been brought on the basis that the magistrate had

~ exercised Federal jurisdiction) and that the High Court was informed that a written agreement which could not previously be found had been discovered by the respondent during the hearing of the appeal.

(1) Ante, p. 327.

H. C. or A. 1947. A