Kenny v Hornberg [No 1] [1963] HCA 34

Kenny v Hornberg [No 1] [1963] HCA 34

Because the maintenance order could continue until the child reached twenty-one, it was reasonable to use a fifteen-year period for the actuarial calculation; on that basis the present value of the £3 weekly obligation was £1,575, exceeding the £1,500 civil-right threshold. The case was relevantly similar to Cocks v. Juncken, so the appellant had an appeal as of right and the objection to competency failed.

Jurisdiction
Australia
Procedural Posture
Objection to Competency of an Appeal to the High Court of Australia / High Court of Australia Before Owen J
Outcome
Objection to competency dismissed with costs.
Legal Topics
['maintenance of Illegitimate Child' 'competency of Appeal' 'civil Right Value Threshold' 'appeal as of Right']
['family Law' 'appellate Procedure'] ['maintenance of Illegitimate Child' 'competency of Appeal' 'civil Right Value Threshold' 'appeal as of Right']

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Procedural Posture

Objection to Competency of an Appeal to the High Court of Australia / High Court of Australia Before Owen J

Legal Issues

  1. 1 ['Whether the judgment appealed from directly or indirectly involved a question respecting a civil right of the value of £1,500.' 'Whether the appellant had an appeal as of right to the High Court.']

Ratio Decidendi

Because the maintenance order could continue until the child reached twenty-one, it was reasonable to use a fifteen-year period for the actuarial calculation; on that basis the present value of the £3 weekly obligation was £1,575, exceeding the £1,500 civil-right threshold. The case was relevantly similar to Cocks v. Juncken, so the appellant had an appeal as of right and the objection to competency failed.

Court Disposition

Objection to competency dismissed with costs.

Orders

  • ['Objection to competency dismissed with costs.']