High Court of Australia
712 HIGH COURT (1915.
H.C. or A. draftsman thought that the repudiation of illegality was pradent 1915. notwithstanding the suspension of the Land and Income Taw
Sorowon Assessment Act of 1895, or that he slavishly followed an existing New fourm Precedent without inquiring whether any alteration in the law
Wares had rendered necessary or desirable a consequential alteration in
Sports CLus aay the covenant.
Appeul dismissed with costs.
Solicitors, for the appellant, Murk Mitchell & Forsyth. Solicitors, for the respondents, Rawlinson «& Hamilton.
soe Os (HIGH COURT OF AUSTRALIA.] CHIDLEY . 4 ' : : : , g APPELLANT; AND SMITHERS AND ANOTHER ' S . RESPONDENTS.
ON APPEAL FROM THE SUPREME COURT OF NEW SOUTH WALES.
H. C. or A. Practice—High Court—Appeal from Supreme Court of State—Criminal matter—
1915. Rescinding special leave to appeal—Judiciary Act 1903-1912 (No. 6 of 1903— ee No. 31 of 1912), sec. 35 (1) (b)—Obscene and Indecent Publications Act 1901 SyDNEY, (N.S. W.) (No. 12 of 1901), secs. 6, 9, 15. Ape As Under sec. 9 of the Obscene and Indecent Publications Act 1901 (N.S.W.) priate, an order was made for the destruction of copies of an obscene publication Grimith C.J., found in the possession of the appellant, and he was also convicted under sec. Gavan Duy 15 of being the owner of the publication and sentenced to imprisonment. On and Ric
orders nisi for prohibition, the Supreme Court held that the publication was obscene, and affirmed the conviction and the order. The appellant, by special leave, appealed to the High Court.
Held, by Isaacs, Gavan Duy and Rich JJ. (Grifith C.J. dissenting), that in accordance with the rule laid down in Hather v. The King, 19 C.L.R., 409, the special leave to appeal should be rescinded.
Special leave to appeal from the Supreme Court of New Sonth Wales: Hz parte Chidley, 14 8.R. (N.8.W.), 97, rescinded.
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