R v Rigby [1956] HCA 38

RS Mobane fational Sars, ES

a nes mS Meese ola Mes a

JorComorae" Se ae ae mae [nett qa SNR a oes Seek ARR ALE Ge '

146 HIGH COURT

[HIGH COURT OF AUSTRALIA.)

THE QUEEN - 3 c r 5 . ApPE AND RIGBY AND ANOTHER. E ss . ResponD!

ON APPEAL FROM THE SUPREME COURT OF QUEENSLAND.

H.C. oF A. Crown Lands (Q.)—Land Appeal Court—Appeal from Land Court—Appeal

1956. hearing—Case stated—Principles regulating—The Land Acts 1910 to 1953 (& ¥ 88. 36, 154, 155. BRISBANE. July 19, 20, An appeal to the Land Appeal Court under T''he Land Acts 1910 to 1953

is an appeal by way of re-hearing.

Principles regulating the contents of cases stated, referred to. '

Dixon CJ, Decision of the Supreme Court of Queensland (Full Court), reversed. 'McTiernan,

Rilto nnd Taylors pppar from the Supreme Court of Queensland.

This was an appeal brought as of right by the Crown in right of State of Queensland from an order of the Supreme Court of Queen land (Macrossan C.J., Mansfield 8.P.J, and Hanger J.) wher answers were given to certain questions contained in a case sti by the Land Appeal Court and an order of the Land Court restored.

The relevant facts fully appear in the judgment of theig Cot hereunder.

A. L. Bennett Q.C. and C. F. Fairleigh, for the appellant.

.

H. T. Gibbs and P. Connolly, for the respondent.

100 C.L.R.] OF AUSTRALIA.

Tue Court delivered the following written judgment :—

An appeal as of right is brought by the Crown to this Court from an order of the Supreme Court of Queensland by which answers were given to certain questions contained in a case stated by the Land Appeal Court and an order of the Land Court was restored. The case was stated pursuant to s. 36 (1) of The Land Acts 1910 to 1953 (Q.). That sub-section provides that any person aggrieved by a decision of the Land Appeal Court who desires to appeal therefrom on the ground that the decision is erroneous in point of law, or is in excess of jurisdiction, may within six weeks after the pronouncing of the decision apply in writing to such court to state and sign a case setting forth the facts and grounds of decision for appeal thereon to the Full Court of the Supreme Court. The case is to be transmitted to the Supreme Court and there, as s. 38 provides, the Full Court must determine every question of law arising thereon and may remit the matter to the Land Appeal Court with the opinion of the Full Court thereon or make such other order in relation to the matter as seems proper.