High Court of Australia
17 C.L.R.J OF AUSTRALIA.
B55
insurmountable, that he has undertaken the burden of showing H- C. or A.
that Madden C.J. was not under any circumstances entitled to make the order which he made. We think he has not discharged that burden. We are not furnished with the reasons given by Madden C.J. or informed as to the cireumstances which affected him. We cannot undertake to say that he was wrong under all circumstances in making the order complained of. In addition to that the interrogatory is open to the objection embodied in the passages already referred to.
We think, therefore, that we cannot grant leave to appeal in respect of either of these two orders.
There remains the order of Madden C.J. as to the postpone- ment of the trial of the issues. As a consequence of the refusal
of the applications for leave to appeal from the other orders this application fails also.
The motions therefore are dismissed.
Leave to uppeal in each case refused.
Solicitors, Snowball & Kaufmann. B. L.
1913.
Norton v. Hoare.
[No. 2.]
356 HIGH COURT [1913.
[HIGH COURT OF AUSTRALIA.]
SMITH : : : : i . APPELLANT;
THE CROWN . 3 ' e d 9 . RESPONDENT.
ON APPEAL FROM THE SUPREME COURT OF WESTERN AUSTRALIA.
H.C. or A. Civil Servant— Superannuation allowance— Question as to period of service—
1913. Decision by Governor in Hxecutive Counci)—Jurisdiction of Court—Super- a annuation Act 1871 (W.A.) (35 Vict. No. 7), sec. 1. Pertu, Oct. 28, 29, After providing that the superannuation allowance to be granted to persons "who shall have served in an established capacity in the permanent Civil Barton A.C.J., Service" of the Government of Western Australia shall be at the rates therein and Rich JJ. set out, sec. 1 of the Superannuation Act 1871 (\W.A.) enacts as follows :—
"Provided that if any question should arise in any department of the public service as to the claim of any person for superannuation under this clause it shall be referred to the Governor in Executive Council, whose decision shall be final."
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