380:. This was an early case in which the Supreme Court said it would not unnecessarily interfere with interlocutory orders on an appeal. Jordan said "... I am of opinion that...there is a material difference between an exercise of discretion on a point of practice or procedure and an exercise of discretion which determines substantive rights. In the former class of case, if a tight rein were not kept upon interference with the orders of judges of first instance, the result would be disastrous to the proper administration of justice. The disposal of cases could be delayed interminably, and costs heaped up indefinitely, if a litigant with a long purse or a litigious disposition could, at will, in effect transfer all exercises of discretion in interlocutory applications from a judge in Chambers to a Court of Appeal."
345:. Jordan had not been a judge before his appointment and at the time had been a senior equity barrister in New South Wales. He was Chief Justice between 1934 and 1949. This was a difficult time for the court with a shortage of resources and manpower due to the Second World War, although Jordan's administrative skills helped the court through this period. He was appointed KCMG in 1936, two years after his appointment as Chief Justice. Jordan was dominant when presiding on a Full Court, with a reputation for being remote, devoid of "human passions and that he was only at home when plumbing the depths of Equity or when writing judgments replete with citation of authority and exposition of legal principle" and whose public utterances were said to be limited to "a few well-frozen words".
409:. This concerned a decision of the then Water Conservation and Irrigation Commission to deny in 1946 an Italian-born naturalised Australian a water license for irrigation. This was a time when irrigation was being introduced into the Riverina area of New South Wales as a result of the Snowy Mountains water scheme. The denial of the licence was based on policy considerations that licenses would not be granted to Italians for a number of policy reasons. Firstly, they had been enemy aliens during the Second World War. Secondly, it was considered that Italians were not good farmers. Lastly, it was undesirable for Italians to aggregate in the irrigation area. Jordan and the other members of the Full Court of the
262:
lawyer, found him cold as a person. He, in turn, despised the narrowness of many of his fellows, writing that 'those who are constrained to think for the purposes of their professions refrain in general from thinking about anything else'. He delighted to relax in his vast library, indulging his voracious appetite for
Romance languages, and committing to memory the entire contents of many literary works". According to Bennett, Jordan was a daunting figure in court, and his manner was not just cold but chilling. His manner was bleak and he had no time for service out the strict call of duty. However, Jordan's associate,
373:. This decision is often cited in criminal appeals. Jordan held that after making allowance for any relevant considerations, there has to be a reasonable proportionality between a sentence and the circumstances of the crime, and that any sentence should be appropriate to the particular crime having regard to the gravity of the offence viewed objectively. He concluded that it was easier to see that a wrong conclusion had been applied rather than arrive at any fixed rules for solving the problem. He concluded with the classic line "the only golden rule is that there is no golden rule'.
221:
49:
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been approved by the High Court on about four occasions ... but that does not convert it into sense". Meagher JA then sets out why he says the footnote was wrong. Chief
Justice Spigelman would later observe that the High Court judgments, to which Meagher JA referred with such scorn, were those mentioned in the foreword by Meagher JA as an indication of the 'current utility' of Sir Frederick's great work.
357:. This case involved the issuing of a subpoena to a person not involved in the court proceedings. A subpoena issued in these circumstances is usually called a "fishing expedition" as the legal counsel involved in issuing the subpoena is fishing around for evidence that may or may not be there. The following passage is often cited in court decisions around Australia where Jordan said:
458:
Jordan's notes of lectures delivered in the Law School of the
University of Sydney were subsequently published as books, which were a major contribution to the practice of equity in Australia. These were reprinted in 1983 as "Sir Frederick Jordan Select Legal Papers". The authority of the books have
425:
spoke of Jordan saying that it was a tragedy that Sir
Frederick Jordan had not been appointed to the High Court stating that "I really do not know what, if anything happened; but at all events he was not appointed and by one of those curious twists which seem to touch the finest natures, this highly
266:
recalls Jordan as "quietly spoken, of calm disposition, kind and relaxed but not much given to expressing emotion". Jordan was a man at ease in familiar surrounding, but less relaxed and ill-at-ease at times in public view. Jordan preferred to catch a tram to work each morning, and in the afternoon,
481:
On a lighter note, Roddy
Meagher, by then a judge on the NSW Court of Appeal, argued that one particular footnote in "Chapters On Equity", was wrong. Meagher JA stated that "Great as is the homage we all owe to Sir Frederick Jordan, one must state that the footnote is nonsense. It has, of course,
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The late
Supreme Court Justice Roddy Meagher describes Jordan as being one of New South Wales's foremost Equity Judges. He is described by biographer John Bennett as a "man of bookish tastes, ... respected rather than liked by most of his colleagues who, while recognizing his brilliance as a
434:
Jordan was appointed as the
Administrator of the Government of NSW between 28 October 1937 and 1 November 1937. Sir Phillip Street died in 1938 and Jordan was appointed to replace him as Lieutenant-Governor of NSW, and Jordan was required to administer the Government of NSW in 1946 in the period
418:. The commission's appeal was unanimously allowed and Jordan's decision overturned. Spigelman notes that this was perhaps the low point of High Court jurisprudence particularly as the Chief Justice of the High Court, Latham, supported the commission's policy to exclude immigrants.
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allowed
Browning's application. Spigelman notes that in "blunt words" Jordan rejected the commission's use of the three considerations as it was "no business" of the commission to consider those matters in the granting of a license. The commission appealed to the
468:, then a leading barrister and lecturer in the Faculty of Law at Sydney University, who stated that an indication of the 'current utility' of Sir Frederick's work was the reliance on them in recent High Court decisions, by reference to
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for his secondary education. After leaving school, he was employed as a clerk in the Master in Lunacy's office between 1898 and 1900. He later worked as a shorthand writer and typist in the Public
Library of New South Wales (now the
361:"The writ of subpoena duces tecum may be addressed to a stranger to the case or to a party. If it be addressed to a stranger, it must specify with reasonable particularity the documents which are required to be produced. A
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ought not to be issued to such a person requiring him to search for and produce all such documents as he may have in his possession or power relating to a particular subject matter".
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recording his observation of analogies and parallels found in literary works written across centuries in
English, Greek, Latin, French, Italian and German. His long-time friend
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scholarly man and a very great lawyer eventually took some queer views about federation. But I do not think he would have taken them if he had been living amongst us."
279:, a suburb of Sydney, after his parents migrated to Australia in 1886 when Jordan was five. He attended Balmain Superior Public School, for his primary education and
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on 1 August. Jordan became seriously ill in 1949 and died in his home at Vaucluse on 4 November 1949. He was accorded a state funeral. He was succeeded in office by
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written in a similar vein discusses one of Jordan's decision on malicious prosecution, and humorously suggests that Jordan may have been "
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Jordan was widely read and wrote notes as a review and impression of what he read as well as a collection of quotations and
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Jordan was born on 13 October 1881 in London, the son of Frederick Jordan and Sarah Jordan (nÊe Nobel). He grew up in
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Jordan, as the most senior judge of the Supreme Court, was appointed as the administrator in the absence of both the
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would catch to the terminus in the opposite direction to ensure that he obtained a seat for the return journey home.
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on 19 August 1907 and practised from Selborne Chambers. He primarily practised in equity work. He took silk as a
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1097:"Order of service for the funeral of the late honourable Sir Frederick Richard Jordan, K.C.M.G., B.A., LL.B"
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The School is next to Gladstone Park, Balmain, and was also referred to as Gladstone Park State School,
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been little doubted since Jordan first published them all those years ago. The foreword was written by
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Must a Prosecutor Believe that the Accused is Guilty? Or, Was Sir Frederick Jordan Being Recalcitrant?
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in 1907. He was a Wigram Allen Scholar in 1904 and a George and Matilda Harris Scholar in 1905.
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1044:"Proclamation. Appointment of F.R. Jordan as Administrator of the Government of the State"
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Jordan in his time as Chief Justice sat on many cases. Perhaps the most notable case was
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He married Bertha Maud Clay on 9 January 1928 at St Stephen's Presbyterian Church, on
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602:"Appointment of the Honourable Sir F.R. Jordan, K.C.M.G., to be Lieutenant Governor"
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1052:. 28 October 1937. p. 4345 – via National Library of Australia.
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590:. 12 January 1934. p. 115 – via National Library of Australia.
610:. 6 January 1939. p. 72 – via National Library of Australia.
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387:. Jordan remarked in that case that "there are mistakes and mistakes".
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Australian Knights Commander of the Order of St Michael and St George
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978:
Browning v The Water Conservation & Irrigation Commission of NSW
407:
Browning v The Water Conservation & Irrigation Commission of NSW
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from 5 June 1907. During this time, he began evening studies at the
288:) from 1900 and the then State's Intelligence Department from 1906.
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had these published under the titles Appreciations and Parallels.
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Frederick Jordan chambers in Martin Place is named after Jordan.
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Water Conservation & Irrigation Commission (NSW) v Browning
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Bar News: The Journal of the New South Wales Bar Association
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Jordan was a sub-editor of publications and compiler in the
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Another enduring judgment is in the appeal considered in
724:"The Honourable Sir Frederick Richard Jordan, K.C.M.G."
683:"Some reflections on Supreme Court judges of the 1940s"
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1304:
Chief Commissioner of Stamp Duties v ISVT Pty Limited
707:"Hon. Sir Frederick Richard Jordan KCMG, KC, BA, LLB"
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General principles of the administration of justice
739:"St Stephen's Presbyterian church Macquarie Street"
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1141:Administration of the estates of deceased persons
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250:(1881â1949) was an Australian barrister, the 9th
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896:Ex parte Hebburn Ltd; Re Kearsley Shire Council
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385:Ex parte Hebburn Ltd; Re Kearsley Shire Council
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1171:The Admiralty jurisdiction in New South Wales
1029:"Retirement of the Chief Justice" (1964) 110
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632:"Jordan, Sir Frederick Richard (1881â1949)"
318:in 1928. He also lectured part-time in the
1531:People educated at Sydney Boys High School
640:. Canberra: National Centre of Biography,
337:Jordan was appointed Chief Justice of the
128:17 October 1938 â 4 November 1949
74:1 February 1934 â 4 November 1949
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1214:Sir Frederick Jordan: Select Legal Papers
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1419:Who's Who in Australia 1935, p. 262
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341:on 1 February 1934 in succession to Sir
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1521:Lieutenant-governors of New South Wales
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756:"Recollections of Sir Frederick Jordan"
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405:magazine, noted an interesting case of
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1473:Lieutenant-Governor of New South Wales
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726:Supreme Court of NSW. 5 December 2015.
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320:law school of the University of Sydney
256:Lieutenant-Governor of New South Wales
116:Lieutenant-Governor of New South Wales
1287:Chapters on Equity in New South Wales
1126:Chapters on Equity in New South Wales
1064:"Part 1 Governors of New South Wales"
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1324:(1999) 15 Journal of Contract Law 1.
1099:. 7 November 1949 – via Trove.
776:A history of the New South Wales Bar
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1252:406 at 446 per Mason and Deane JJ.
772:Attributed to Alroy M Cohen QC in
637:Australian Dictionary of Biography
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1516:Chief justices of New South Wales
1356:Mitchell v John Heine and Son Ltd
906:416 at p. 420 (14 May 1947),
802:Commissioner for Railways v Small
383:Perhaps the funniest quote is in
1441:Chief Justice of New South Wales
529:now a constituent church of the
411:Supreme Court of New South Wales
355:Commissioner of Railways v Small
339:Supreme Court of New South Wales
286:State Library of New South Wales
252:Chief Justice of New South Wales
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62:Chief Justice of New South Wales
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642:Australian National University
582:"Appointment of Chief Justice"
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1:
1402:Sir Frederick Jordan (1950).
1339:"The Hon Justice R P Meagher"
1306:(1998) 45 NSWLR 639 at p 654.
1075:Parliament of New South Wales
953:"Australia's Greatest Jurist"
565:
1346:NSW Bar Association News 21.
1113:. Frederick Jordan Chambers.
868:In re Will of Gilbert (decd)
778:. Law Book Co. p. 231.
691:NSW Bar Association News 18.
378:In re Will of Gilbert (decd)
348:
239:Sir Frederick Richard Jordan
210:, New South Wales, Australia
30:Sir Frederick Richard Jordan
7:
1404:Appreciations and Parallels
855:"R v Geddes LawCite Search"
840:157b (14 August 1936),
763:NSW Bar Association News 7.
531:Uniting Church in Australia
435:between the resignation of
310:Jordan was admitted to the
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1368:Supreme Court (Full Court)
1366:466 (23 August 1938),
994:Supreme Court (Full Court)
908:Supreme Court (Full Court)
884:Supreme Court (Full Court)
842:Supreme Court (Full Court)
814:Supreme Court (Full Court)
774:Bennett J.M., ed. (1969).
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1360:[1938] NSWStRp 33
1275:639 at 665-6 per Deane J.
1139:Jordan F.R. (1935â1948).
1124:Jordan F.R. (1921â1947).
992:120 (22 April 1947),
982:[1947] NSWStRp 19
900:[1947] NSWStRp 24
872:[1946] NSWStRp 24
830:[1936] NSWStRp 35
806:[1938] NSWStRp 29
430:Government administration
391:The High Court and Jordan
271:Early years and education
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812:564 (27 July 1938),
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376:Another notable case is
327:Macquarie Street, Sydney
882:176 (22 May 1946),
554:, former Chief Justice
445:Kenneth Whistler Street
416:High Court of Australia
281:Sydney Boys High School
1390:Australian Law Journal
1291:page 52, footnote (e).
681:Slattery, J.P (2007).
485:An article by Justice
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1246:[1983] HCA 11
1016: (12 June 1947),
1010:[1947] HCA 21
963:(7â8). Archived from
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1285:Jordan F.R. (1947).
1269:[1983] HCA 7
1212:(1983). "Foreword".
1184:Jordan F.R. (1983).
1169:Jordan F.R. (1937).
1154:Jordan F.R. (1944).
363:subpoena duces tecum
305:second-class honours
297:University of Sydney
293:Bureau of Statistics
1541:Lawyers from Sydney
1458:Government offices
1186:Select Legal Papers
919:cited by President
737:Dunn, Mark (2008).
552:Lieutenant-Governor
312:New South Wales Bar
85:Sir Dudley de Chair
1483:Sir Kenneth Street
1451:Sir Kenneth Street
967:on 18 August 2008.
502:Sir Lionel Lindsay
441:Sir John Northcott
163:Sir Kenneth Street
109:Sir Kenneth Street
1489:
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1480:Succeeded by
1466:Sir Philip Street
1448:Succeeded by
1434:Sir Philip Street
1014:(1947) 74 CLR 492
709:. State Archives.
651:978-0-522-84459-7
556:Sir Philip Street
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1216:. Legal Books.
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1135:
1127:
1120:
1112:
1111:"FJC History"
1106:
1098:
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1076:
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987:
983:
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951:(July 2003).
950:
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905:
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479:
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466:
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461:Roddy Meagher
451:
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438:
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419:
417:
412:
408:
404:
403:
398:
397:Jim Spigelman
388:
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366:
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346:
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343:Philip Street
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54:
50:
45:
40:
36:
27:
22:
19:
1471:
1439:
1406:. Ure Smith.
1403:
1397:
1384:
1375:
1362:, (1938) 38
1355:
1351:
1329:
1320:
1311:
1303:
1286:
1280:
1264:
1239:
1213:
1210:Meagher R.P.
1204:
1185:
1179:
1170:
1164:
1155:
1149:
1140:
1134:
1125:
1119:
1105:
1091:
1079:. Retrieved
1070:
1058:
1047:
1038:
1025:
1020:(Australia).
1005:
1001:
984:, (1947) 47
977:
973:
965:the original
960:
956:
931:, (1997) 23
924:
915:
902:, (1947) 47
895:
891:
874:, (1946) 46
867:
863:
849:
832:, (1936) 36
825:
821:
808:, (1938) 38
801:
775:
768:
747:
732:
686:
676:
635:
605:
596:
585:
538:
525:
516:
495:
491:recalcitrant
484:
480:
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469:
457:
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420:
406:
400:
394:
384:
382:
377:
375:
370:
368:
360:
354:
352:
336:
324:
309:
290:
274:
260:
238:
237:
203:(1949-11-04)
158:Succeeded by
134:Appointed by
123:
104:Succeeded by
80:Appointed by
69:
18:
1506:1949 deaths
1501:1881 births
1335:Spigelman J
1077:. p. 2
1049:NSW Gazette
921:Keith Mason
607:NSW Gazette
587:NSW Gazette
215:Nationality
146:Preceded by
92:Preceded by
1495:Categories
1477:1938â1949
1445:1934â1949
1388:(2005) 79
1317:Meagher, R
1223:0949553050
1195:0949553050
1081:22 October
1018:High Court
925:Holt v Cox
826:R v Geddes
785:0455121400
753:Byers M.H.
566:References
550:, and the
423:Owen Dixon
371:R v Geddes
184:1881-10-13
1381:Ipp, D.A.
1033:pp. X-XI.
660:1833-7538
487:David Ipp
349:Decisions
227:Australia
193:, England
139:George VI
124:In office
70:In office
1364:SR (NSW)
990:WN (NSW)
986:SR (NSW)
957:Quadrant
904:SR (NSW)
880:WN (NSW)
876:SR (NSW)
838:WN (NSW)
834:SR (NSW)
810:SR (NSW)
668:70677943
544:Governor
498:epigrams
402:Quadrant
208:Vaucluse
60:9th
1414:Sources
277:Balmain
1370:(NSW).
1220:
1192:
996:(NSW).
910:(NSW).
886:(NSW).
844:(NSW).
816:(NSW).
782:
666:
658:
648:
474:, and
254:, and
224:
191:London
1358:
1342:(PDF)
1267:
1244:
1067:(PDF)
1008:
980:
927:
898:
870:
828:
804:
759:(PDF)
508:Notes
454:Works
303:with
301:LL.B.
245:
37:
1392:233.
1218:ISBN
1190:ISBN
1083:2020
933:ACSR
780:ISBN
664:OCLC
656:ISSN
646:ISBN
421:Sir
243:KCMG
198:Died
178:Born
35:KCMG
1273:CLR
1250:CLR
1031:CLR
923:in
493:".
1497::
1383:,
1337:.
1319:,
1296:^
1257:^
1232:^
1073:.
1069:.
1046:.
1012:,
961:47
959:.
955:.
940:^
794:^
715:^
696:^
685:.
662:.
654:.
644:.
634:.
616:^
604:.
584:.
573:^
546:,
478:.
465:QC
447:.
329:.
322:.
258:.
247:KC
39:KC
1344:.
1226:.
1198:.
1173:.
1158:.
1143:.
1128:.
1085:.
857:.
788:.
761:.
741:.
689:.
670:.
558:.
533:.
186:)
182:(
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
