FINNEGAN V. ELTON

FINNEGAN V. ELTON

There is no evidence that the value of the appellant's right to occupy the premises for the relevant period reached £300 or more, hence no appeal as of right exists under section 35 of the Judiciary Act; regulation 75 of the National Security (Landlord & Tenant) Regulations does not apply to these Judiciary Act proceedings.

Parties
Appellant: Finnegan; Respondent: Elton
Jurisdiction
Australia
Judgment Date
27 April 1948
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Right of Appeal, Jurisdiction, Value of Subject Matter
Civil Law Right of Appeal Jurisdiction Value of Subject Matter

Case Brief

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Parties

Finnegan

Appellant

Elton

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the matter at issue involves a property or civil right, or sum or matter of £300 or more under section 35 of the Judiciary Act
  2. 2 Whether regulation 75 of the National Security (Landlord & Tenant) Regulations applies to these proceedings

Ratio Decidendi

There is no evidence that the value of the appellant's right to occupy the premises for the relevant period reached £300 or more, hence no appeal as of right exists under section 35 of the Judiciary Act; regulation 75 of the National Security (Landlord & Tenant) Regulations does not apply to these Judiciary Act proceedings.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs