Smith's Weekly Publishing Co Ltd v Sunday Times Newspaper Co Ltd [1923] HCA 9 — BarristerAI

Smith's Weekly Publishing Co Ltd v Sunday Times Newspaper Co Ltd

(1923) 31 CLR 552; [1923] HCA 9

High Court of Australia24 April 1923

Ratio Decidendi

A party's sworn statement in an affidavit of discovery that a document relates solely to and supports only that party's case is to be treated as conclusive unless the court is satisfied that the statement was made erroneously or under a misconception of the character of the document; and where there are no facts on which the court could properly arrive at that conclusion, the exact degree of satisfaction required is irrelevant.

Quick Take

Practitioners in NSW applying for production of documents under s 102 of the Common Law Procedure Act 1899 are not bound by the strict equity standard of 'reasonable certainty' but may rely on the broader judicial discretion to make such order as is 'just according to law'.

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Legal Areas

Criminal Procedure

Linked Principles

Legal principles extracted from this case

01A party's sworn statement in an affidavit of discovery that a document relates solely to and supports only that party's case is to be treated as conclusive unless the court is satisfied that the statement was made erroneously or under a misconception of the character of the document; and where there are no facts on which the court could properly arrive at that conclusion, the exact degree of satisfaction required is irrelevant.
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+7 more principles

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Case Details

Citation[1923] HCA 9

Reported(1923) 31 CLR 552

CourtHCA

JurisdictionCommonwealth

Decision Date24 April 1923

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Judgment

Reported

(1923) 31 CLR 552

Subsequent Judicial Consideration3›

Cases that have considered Smith's Weekly Publishing Co Ltd v Sunday Times Newspaper Co Ltd

Referred to (3)

BOYES -v- COLINS [2000] WASCA 344 CTC RESOURCES NL -v- AUSTRALIAN STOCK EXCHANGE LTD [2000] WASCA 19 Esso Australia Resources Ltd v Commissioner of Taxation of the Commonwealth of Australia [1998] FCA 1655

Judicial Consideration (Chronological)

BOYES -v- COLINS [2000] WASCA 344Referred to

CTC RESOURCES NL -v- AUSTRALIAN STOCK EXCHANGE LTD [2000] WASCA 19Referred to

Esso Australia Resources Ltd v Commissioner of Taxation of the Commonwealth of Australia [1998] FCA 1655Referred to

An equitable charge over commingled trust funds may be enforced under the Vermilion Quay principle of equitable charge where the trustee has dealt with the funds in breach of fiduciary duty and a sufficient proportion of the original res remains identifiable in the resulting account

An equitable charge over commingled trust funds may be enforced under the Vermilion Quay principle of equitable charge where the trustee has dealt with the funds in breach of fiduciary duty and a sufficient proportion of the original res remains identifiable in the resulting account.

Smith's Weekly Publishing Co Ltd v Sunday Times Newspaper Co Ltd at [30]

The duty of a solicitor to advise a client of the risks of litigation extends to advising on the prospects of recovery of costs in the event of success, particularly where the opposing party may lack the means to satisfy a costs order

The duty of a solicitor to advise a client of the risks of litigation extends to advising on the prospects of recovery of costs in the event of success, particularly where the opposing party may lack the means to satisfy a costs order.

Smith's Weekly Publishing Co Ltd v Sunday Times Newspaper Co Ltd at [37]