Ebert v Union Trustee Co of Australia Ltd [1957] HCA 88

Ebert v Union Trustee Co of Australia Ltd [1957] HCA 88

The appeal does not involve the appealable minimum amount as required by s. 35(1)(a)(2) of the Judiciary Act; the plaintiff's share in the undistributed estate is below the threshold and the relief sought does not establish a personal liability exceeding £1,500. Accordingly, the appeal is incompetent and special leave is refused.

Jurisdiction
Australia
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed as incompetent, special leave refused
Legal Topics
['appeal Competency' 'special Leave' 'value of Estate' 'wilful Default by Trustee']
['estate Administration'] ['appeal Competency' 'special Leave' 'value of Estate' 'wilful Default by Trustee']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the appeal meets the appealable minimum under s. 35(1)(a)(2) of the Judiciary Act 1903-1955' 'Whether relief claimed in the administration of an estate qualifies the appeal as competent' 'Whether special leave to appeal should be granted']

Ratio Decidendi

The appeal does not involve the appealable minimum amount as required by s. 35(1)(a)(2) of the Judiciary Act; the plaintiff's share in the undistributed estate is below the threshold and the relief sought does not establish a personal liability exceeding £1,500. Accordingly, the appeal is incompetent and special leave is refused.

Court Disposition

appeal dismissed as incompetent, special leave refused

Orders

  • ['Appeal dismissed as incompetent with costs including costs involved in the application for special leave.' 'Special leave refused.']