R v Rigby [1956] HCA 38

High Court of Australia Dixon C.J. McTiernan, Webb, Kitto and Taylor JJ. R v Rigby [1956] HCA 38

ORDER Appealed allowed. Discharge the order of the Supreme Court. In lieu thereof order as follows:—Set aside the purported case stated of the Land Appeal Court transmitted to the Registrar of the Supreme Court. Let the Land Appeal Court (unless within 21 days of this order the claimants, respondents in the High Court, notify the Registrar of the Land Appeal Court that they elect not to proceed under this part of this order) restate such case in pursuance of s. 36 of The Land Acts setting forth the facts as found by such court and not the evidence, and setting forth the grounds of the decision for appeal to the Full Court of the Supreme Court and in particular setting forth the facts with reference to the following matters, viz. (1) the precise manner in which, in relation to ringbarking the clearing of undergrowth and developmental work in the nature of clearing and any improved condition of the land or increased carrying capacity attributable thereto, ss. 154 and 155 have severally been applied; (2) the precise manner in which the benefit or advantage of any of the leasehold arising from the provisions of s. 72 has been dealt with. Liberty to apply to the Supreme Court as the parties may be advised for further or other relief. No order as to the costs of the hearing in the Full Court of the Supreme Court of the stated case set aside by this order and as to the costs of this appeal.

Cur. adv. vult.

The Court delivered the following written judgment:—

Aug. 1 Dixon C.J., McTiernan, Webb, Kitto and Taylor JJ.

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.