Hume v Monro [1941] HCA 39

Hume v Monro [1941] HCA 39

The Supreme Court in Equity has jurisdiction under sec. 10 of the Equity Act 1901 (N.S.W.), as amended, to grant negative declaratory relief even without consequential relief if, upon the whole record, it appears the defendant is asserting an equitable claim, regardless of whether the statement of claim itself discloses such equity, and the argument of preliminary points under rule 155 may consider the full pleadings and circumstances.

Parties
Appellants; Plaintiffs: Hume and others; Respondents; Defendants: Monro and others
Jurisdiction
Australia
Procedural Posture
Appeal / Appeal From Order on Point of Law (demurrer) From Supreme Court of New South Wales; High Court Decision
Outcome
Appeal allowed; order of lower court discharged; argument on preliminary point stands over to be determined after hearing evidence; liberty to amend pleadings granted; costs of appeal to be costs in suit; costs below reserved.
Legal Topics
Declaratory Relief, Equitable Jurisdiction, Negative Declarations, Pleading Standards, Jurisdictional Requirements
Equity Practice and Procedure Declaratory Relief Equitable Jurisdiction Negative Declarations Pleading Standards Jurisdictional Requirements

Case Brief

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Parties

Hume and others

Appellants; Plaintiffs

Monro and others

Respondents; Defendants

Procedural Posture

Appeal / Appeal From Order on Point of Law (demurrer) From Supreme Court of New South Wales; High Court Decision

Legal Issues

  1. 1 Whether the Supreme Court of New South Wales in Equity has jurisdiction to grant a negative declaratory decree without consequential relief under sec. 10 of the Equity Act 1901 (N.S.W.) as amended
  2. 2 Whether a statement of claim must disclose an equitable right, interest, or remedy for the equity jurisdiction to be engaged
  3. 3 Whether the court may consider the whole record in determining want of equity on argument of a preliminary point of law under rule 155 of the Consolidated Equity Rules 1902 (N.S.W.)

Ratio Decidendi

The Supreme Court in Equity has jurisdiction under sec. 10 of the Equity Act 1901 (N.S.W.), as amended, to grant negative declaratory relief even without consequential relief if, upon the whole record, it appears the defendant is asserting an equitable claim, regardless of whether the statement of claim itself discloses such equity, and the argument of preliminary points under rule 155 may consider the full pleadings and circumstances.

Court Disposition

Appeal allowed; order of lower court discharged; argument on preliminary point stands over to be determined after hearing evidence; liberty to amend pleadings granted; costs of appeal to be costs in suit; costs below reserved.

Orders

  • Argument on point of law raised by paragraph 23 of statement of defence to stand over until after evidence has been taken at hearing.
  • Either party at liberty to amend as advised.