Tenenwurcel v Tenenwurcel [1958] HCA 12; (1958) 98 CLR 665 (2 April 1958)

HIGH COURT OF AUSTRALIA

TENENWURCEL v. TENENWURCEL [1958] HCA 12; (1958) 98 CLR 665

Practice

High Court of Australia
Dixon C.J.(1), Williams(1), Webb(1), Fullagar(1) and Taylor(1) JJ.

CATCHWORDS

Practice - High Court - Appeal from Supreme Court of State - Appealable amount - "Claim to or respecting any property . . . of the value of 1,500" pounds - Claim by defendant that property in question held in trust for him - Property purchased for total price of 2,100 pounds payable by deposit and balance over period of years - Subsequent transfer of title and taking of mortgage by vendor - - Only 1,340 pounds paid off at time of trial - Declaration at trial that defendant entitled to charge on property for 409 pounds - Otherwise judgment for plaintiff for possession of property - Purported appeal by defendant - Whether judgment involving claim to property of value of 1,500 pounds - Onus of establishing competency of appeal - Judiciary Act 1903-1955 (No. 6 of 1903 - No. 35 of 1955), s. 35 (1) (a).

HEARING

Melbourne, 1958, March 4;
Sydney, 1958, April 2. 2:4:1958

DECISION