Ballas v Theophilos (No 1) [1957] HCA 49

Ballas v Theophilos (No 1) [1957] HCA 49

The objection to the competency of the appeal fails because the judgment from the Supreme Court involves a claim to property of a value exceeding £1,500. The price payable by the appellant if successful is not deducted from the value of the property for the purpose of determining appeal competency; thus, the appeal as of right is permitted.

Parties
Appellant; Plaintiff: Harry Ballas; Respondent; Defendant: Efstratia Theophilos, executrix of Michael Theophilos
Jurisdiction
Australia
Procedural Posture
Appeal From the Supreme Court of Victoria / Objection to Competence of Appeal
Outcome
Objection to the competency of the appeal overruled with costs
Legal Topics
Competency of Appeal, Value Threshold for Appeals, Partnership Option to Purchase
Appeal Practice Partnership Competency of Appeal Value Threshold for Appeals Partnership Option to Purchase

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Parties

Harry Ballas

Appellant; Plaintiff

Efstratia Theophilos, executrix of Michael Theophilos

Respondent; Defendant

Procedural Posture

Appeal From the Supreme Court of Victoria / Objection to Competence of Appeal

Legal Issues

  1. 1 Whether the appellant has a right of appeal to the High Court as of right under s. 35(1)(a)(2) of the Judiciary Act 1903-1955 based on property value
  2. 2 How the value of the property or interest in question for appeal competence is determined

Ratio Decidendi

The objection to the competency of the appeal fails because the judgment from the Supreme Court involves a claim to property of a value exceeding £1,500. The price payable by the appellant if successful is not deducted from the value of the property for the purpose of determining appeal competency; thus, the appeal as of right is permitted.

Court Disposition

Objection to the competency of the appeal overruled with costs

Orders

  • Objection to the competency of the appeal overruled
  • Appellant awarded costs for the objection