Green v Worley [1915] HCA 63

Green v Worley [1915] HCA 63

No question of law is involved, only questions of fact as to the evidence and inference, thus special leave to appeal should be rescinded.

Parties
Appellants; Plaintiffs: E. A. & D. Green; Respondent; Defendant: William Worley
Jurisdiction
Australia
Judgment Date
20 September 1915
Procedural Posture
Appeal / Special Leave to Appeal Rescinded
Outcome
Special leave to appeal rescinded. Appellants to pay costs of appeal.
Legal Topics
Estoppel, Written Guarantee, Assignment of Debt
Contract Law Estoppel Written Guarantee Assignment of Debt

Case Brief

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Parties

E. A. & D. Green

Appellants; Plaintiffs

William Worley

Respondent; Defendant

Procedural Posture

Appeal / Special Leave to Appeal Rescinded

Legal Issues

  1. 1 Whether the respondent is estopped from denying indebtedness to Rosenfeldt
  2. 2 Whether the written guarantee constituted an assignment of money due
  3. 3 Whether a question of law arises sufficient for special leave to appeal

Ratio Decidendi

No question of law is involved, only questions of fact as to the evidence and inference, thus special leave to appeal should be rescinded.

Court Disposition

Special leave to appeal rescinded. Appellants to pay costs of appeal.

Orders

  • Special leave to appeal from the Supreme Court of Victoria rescinded.
  • Appellants to pay costs of appeal.