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§ 317. “Special Leave of Appeal from the High Court to Her Majesty in Council.”

“When a party desires to appeal, but cannot do so as of right, he presents a petition to the Queen in Council for leave to appeal, which ought to disclose in the fullest and frankest manner the circumstances under which the leave is sought, and to contain a statement of the proceedings sufficiently full and precise to enable the Committee to form an opinion: the petition is referred to the Privy Council, who advise the Crown as to the propriety of granting or withholding permission.” (Macpherson, P.C. Appeals, p. 22; Lyall v. Jardine, 7 Moo. P.C. N.S. 116; L.R. 3 P.C. 318.)

From the Supreme Courts of the States there is (in cases within the Orders in Council) an appeal as of right; but from the High Court there is no appeal whatever except by special leave of the Queen in Council, or by a certificate of the High Court under this section. The prerogative right of the Queen in Council to grant special leave is preserved, subject to the limitations in this section. (See Notes, supra, § 310; infra, § 318.)

The leading principles according to which leave will be granted or refused have already been indicated. (Notes, § 310, supra.)

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