Delph Singh v Karbowsky [1914] HCA 30

18 C.L.R.J OF AUSTRALIA. 197

would have been liable as the owner of the goods. It was not 4. ¢. or A. argued, and it was unnecessary to argue it, and there should be 1914. no costs on either side in the second action. Rae

Mitts v,

Isaacs J. I agree. PARKES.

Gavan Durry J. I agree.

First question answered in affirmative. Second question not answered.

Solicitor, for the plaintiff, Gordon H. Castle, Crown Solicitor for the Commonwealth. Solicitors, for the defendants, Priddle & Gosling.

BL fr Quen & is SEA (HIGH COURT OF AUSTRALIA.) DELPH SINGH x ' § i 7 . PLAINTIFF ; AND KARBOWSKY . - 3 F : ' . DEFENDANT.

Practice—High Court—A ppeal from Supreme Court of a State—Security for costs H.C. or A. —Extension of time for giving—Jurisdiction—Special leave—Security not given 1914, through default of solicitor—Rules of the Hiyh Court 1911, Part 1, Order = LIL, r. 6; Part II, Sec. IIL., r. 12; Sec. V., 7. 1—Judiciary Act 1903- SypNEY, 1910 (No, 6 of 1903—No. 34 of 1910), sec. 35—High Court Procedure Act 1903 May 11, 13. (Vo. 7 of 1903), seca. 35, 37.

Compliance with the provisions of the rules in Section III, of Part II. of the jot'...

Rules of the High Court 1911 as to giving security on instituting an appeal Cavan Duttyand from the Supreme Court of a State is a condition precedent to the coming into existence of a cause in the appellate jurisdiction of the High Court.

The words " procedure of the Court in its Appellate Jurisdiction" in rule 1 of Section V. of Part IL., relate only to interlocutory proceedings in an appeal

H.C. oF A. 1914. a

Dern Sincn v.

Karsowsky.

HIGH COURT [1914.

which has been duly instituted ; and therefore rule 6 of Order LILI. of Part I., which authorizes the Court or a Justice to enlarge or abridge the time for doing any act or taking any proceeding limited by the Rules, and provides that the enlargement may be made even after the expiration of the time originally allowed or limited, does not apply to the time limited by rule 12 of Section III. of Part II. for giving security for the costs of an appeal.