Dowling v Blyth [1917] HCA 1

The High Court refused special leave to appeal as the costs ordered to be paid by trustees were not substantial and the alleged error was at most one of fact.

Parties: Defendants: Archer Dowling, George Dalrymple Gleadow and Ernest Granville Miller; Plaintiffs: Caroline Annie Blyth, Robert Trevor Blyth and Effie Norma Blyth
Jurisdiction: Australia
Judgment Date: 19 February 1917
Procedural Posture: Application for Special Leave to Appeal / High Court Special Leave Application
Outcome: Special leave to appeal refused
Legal Topics: Breach of Trust, Costs, Appeals

Trusts Equity Breach of Trust Costs Appeals

Case Brief

Summary, issues, holding and outcome

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Parties

Archer Dowling, George Dalrymple Gleadow and Ernest Granville Miller

Defendants

Caroline Annie Blyth, Robert Trevor Blyth and Effie Norma Blyth

Plaintiffs

Procedural Posture

Application for Special Leave to Appeal / High Court Special Leave Application

Legal Issues

1 Whether special leave to appeal should be granted regarding order that trustees pay costs for a breach of trust claim

Ratio Decidendi

The High Court refused special leave to appeal as the costs ordered to be paid by trustees were not substantial and the alleged error was at most one of fact.

Court Disposition

Special leave to appeal refused

Orders

Special leave to appeal refused