Wilkie v Wilkie [1905] HCA 3

High Court of Australia|1905-07-01

Salctrs for the appellant, Crick ce Carroll H.C. oF A. Giietors for the respondent, Zhe Crown Solicitor of New 1%

)\AVID ELLIOT WILKIE : : 5 . RESPONDENT. PLAINTIFF,

Prucice - Appeal book - What Documents to be inserted - Rules of High Court 1903, 44. ¢, op A. Part IL, sec. IV., rr. M1, 15. 1905.

IL, see, IV., rt. 11, 15, to include all the documentary evidence, but should include such documents as he thinks necessary. 'The respondent may apply Grimth 0... tothe Court to have inserted any documents which he thinks are necessary, Garton and

than action brought by David Elliot Wilkie, against Daniel Wilkie, Alexander McCalla, and John Creuze Hingston Ogier, the itare of which it is not necessary to state as the action was 'absequently settled, judgment was given by the Full Court in favour of the plaintiff. (Sve [1905] V.LR., 278; 26 A.L'T., 133).

The defendants Daniel Wilkie, and Ogier each appealed to the h Court.

_ Schutt for the appellant Daniel Wilkie asked the Court whether Mas necessary under the Rules of the High Court 1903, Part IL, WV, rr 11, 15 (as amended by Rules of Court Oct. 12th, 1903), the appellant to set out in the appeal book the whole of the

H.C. or A. documentary evidence which had been used at the original he

Rule 7 of the Rules of the Supreme Court of Vietoria 1909, LVIIL, requires the contents of the appeal book to be settled | the Judge who heard the case. There is no such rule of Court.

Grirrita C.J. The words "all such documents as are req for the hearing of the appeal," in r. 11, are intended to meet thy case. Primd facie the documents which were before the Co from which the appeal is brought should be before this Court, an appeal to the Privy Council those documents only which thought material are sent to that tribunal, and they have oceasi ally asked for other documents. We think the appellant shoni include in the appeal book those documents which he thinl necessary. If the respondent thinks others are necessary, he apply to have them inserted. 'The insertion is only a question of costs. Irrelevant matter should not be included in the ap book. Thus an appeal to the Supreme Court of the State might involve questions both of law and of fact, requiring many volum- inous documents to be set out in the appeal book for that Court, and there might be an appeal to this Court from the decision of the State Court on a pure question of law, the determination of which might require a few only of those documents to te considered. In such a case those documents only should included which are essential for determining the question as to which the appeal to this Court is brought.

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Judgment (11 paragraphs)