Tenenwurcel v Tenenwurcel [1958] HCA 12

Tenenwurcel v Tenenwurcel [1958] HCA 12

The appellant failed to establish that the judgment prejudiced him to the extent of £1,500; his claim to an encumbered property did not meet the statutory threshold for appeal as of right under Judiciary Act s.35(1)(a).

Parties
Appellant/defendant: Ignacy Tenenwurcel; Respondent/plaintiff: Luba Tenenwurcel
Jurisdiction
Australia
Procedural Posture
Appeal / Appeal From Supreme Court of Victoria to High Court of Australia
Outcome
Appeal dismissed as incompetent with costs.
Legal Topics
Competency of Appeal, Value of Property, Judiciary Act S.35(1)(a)
Practice and Procedure Competency of Appeal Value of Property Judiciary Act S.35(1)(a)

Case Brief

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Parties

Ignacy Tenenwurcel

Appellant/defendant

Luba Tenenwurcel

Respondent/plaintiff

Procedural Posture

Appeal / Appeal From Supreme Court of Victoria to High Court of Australia

Legal Issues

  1. 1 Whether the judgment involves a claim to or respecting property of the value of £1,500 so as to grant a right of appeal to the High Court

Ratio Decidendi

The appellant failed to establish that the judgment prejudiced him to the extent of £1,500; his claim to an encumbered property did not meet the statutory threshold for appeal as of right under Judiciary Act s.35(1)(a).

Court Disposition

Appeal dismissed as incompetent with costs.

Orders

  • Appeal dismissed as incompetent with costs.