Mann v Capital Territory Health Commission [1982] HCA 10
The appeal was incompetent as the matter in issue did not amount to, nor was valued at, $20,000 or more, with no sufficient evidence supporting damages in excess of the threshold. Consequently, the application for special leave was also refused.
Source-derived case information.
- Jurisdiction
- Australia
- Procedural Posture
- Appeal and Application for Special Leave / High Court Judgment on Objection to Competency of Appeal and Special Leave Application
- Outcome
- Objection to competency of appeal upheld; application for special leave to appeal refused, both with costs.
- Legal Topics
- ['breach of Contract' 'damages Assessment' 'jurisdictional Competence' 'special Leave to Appeal']
Source-derived case record
Summary, issues, holding and outcome
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Procedural Posture
Appeal and Application for Special Leave / High Court Judgment on Objection to Competency of Appeal and Special Leave Application
Legal Issues
- 1 ['Whether the appeal to the High Court was competent under s. 33(4)(b) of the Federal Court of Australia Act 1976 (Cth)' 'Entitlement to damages exceeding the statutory threshold for appeal' 'Whether special leave to appeal should be granted']
Ratio Decidendi
The appeal was incompetent as the matter in issue did not amount to, nor was valued at, $20,000 or more, with no sufficient evidence supporting damages in excess of the threshold. Consequently, the application for special leave was also refused.
Court Disposition
Objection to competency of appeal upheld; application for special leave to appeal refused, both with costs.
Orders
- ['Objection to competency of appeal upheld with costs.' 'Application for special leave to appeal refused with costs.']
Full Case Text
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