High Court of Australia
13 C.L.R.) OF AUSTRALIA. 165
(HIGH COURT OF AUSTRALIA.]
MILNE x a 5 E a = . APPELLANT; PLAINTIFF, AND JAMES : . x 4 c . . RESPONDENT. DEFENDANT,
ON APPEAL FROM THE SUPREME COURT OF WESTERN AUSTRALIA.
Practice—Setting aside notice of appeal to High Qourt—Judiciary Act 1903 (No. H.C. or A.
6 of 1903), sec. 35 (1) (a) (2)—High Court Rules, Part IL, sec. 1V., 7. 9— 1910. Judgment involving claim, demand or question to or in respecting property = — amounting to £300. Pert,
a : 7 : October 20, 'The plaintiff brought an action for a declaration of right to astrip of land ~ 2}, 96,
having upon it a wall over which the defendant claimed an easement of | —— support for the beams supporting the upper floor of his adjoining building; 4ritith OJ. he also claimed a mandatory injunction and damages. It was shown that the Connor JJ.
290, and that the plaintiff had suffered actual
land and wall were worth damage to the extent of £15.
Held, that the judgment was one involving a claim respecting property amounting to or of the value of £300 within the meaning of sec. 35 (a) (1) of the Judiciary Act 1903, and that therefore an appeal to the High Court lay without leave.
Apres from the Supreme Court of Western Australia upholding an order of Burnside J.
An action was brought by the plaintiff seeking a declaration of right to a narrow strip of land over which the defendant claimed an easement of support for beams connected with his adjoining building. The plaintiff also claimed a mandatory injunction and
damages. The action was heard by Burnside J. who ordered VOL. XL. 13
"
HIGH COURT {1910.
H, C. or A. judgment to the defendant. The plaintiff gave notice of appeal
1910. ee
Minne Da James.
Oatober 25.
to the High Court from this decision, The defendant thereupon applied to Burnside J. for an order setting aside the notice of appeal on the ground that the judgment did not involve directly or indirectly a claim, &., to or respecting property of the value of £300. Burnside J. granted the order as asked and on appeal to the Full Court his decision was affirmed. The appellant now appealed from the order of the Full Court.
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate