Hyams v Elder Smith Goldsbrough Mort Ltd [1976] HCA 18

Hyams v Elder Smith Goldsbrough Mort Ltd [1976] HCA 18

The order substituting a petitioning creditor does not involve, directly or indirectly, a claim to property or to a civil right of the requisite value; therefore, the appeal is incompetent.

Jurisdiction
Australia
Procedural Posture
Appeal / Objection to Competency
Outcome
Appeal dismissed as incompetent. Objection to competency upheld.
Legal Topics
['substitution of Petitioning Creditor' 'appeal Competency']
['bankruptcy'] ['substitution of Petitioning Creditor' 'appeal Competency']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Objection to Competency

Legal Issues

  1. 1 ['Whether the order substituting a petitioning creditor involves a claim to property or civil right of sufficient value under Bankruptcy Act 1966-1973 (Cth)' 'Whether the appeal is competent']

Ratio Decidendi

The order substituting a petitioning creditor does not involve, directly or indirectly, a claim to property or to a civil right of the requisite value; therefore, the appeal is incompetent.

Court Disposition

Appeal dismissed as incompetent. Objection to competency upheld.

Orders

  • ["Appellant to pay respondent's costs including reserved costs and costs of any proceedings incidental to the appeal."]