CONWAY & ANOR. V. CONWAY & ANOR. 21/1941

CONWAY & ANOR. V. CONWAY & ANOR. 21/1941

The value of the appellants' shares in the trust property did not meet the £300 threshold required under section 35 of the Judiciary Act 1903-1940 for a direct appeal to the High Court. As only 2/11 shares were in issue, and the value of these interests was below £300, the notice of appeal is to be set aside.

Parties
Appellant: Margaret Conway; Appellant: James Conway; Respondent: Joseph Conway; Respondent: Grace Sarah Trigger
Jurisdiction
Australia
Judgment Date
27 October 1941
Procedural Posture
Appeal / Motion to Set Aside Notice of Appeal
Outcome
Notice of appeal set aside; motion allowed with costs.
Legal Topics
Breach of Trust, Joinder of Parties, Appeals Jurisdiction, Value of Subject Matter
Trusts and Estates Breach of Trust Joinder of Parties Appeals Jurisdiction Value of Subject Matter

Case Brief

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Parties

Margaret Conway

Appellant

James Conway

Appellant

Joseph Conway

Respondent

Grace Sarah Trigger

Respondent

Procedural Posture

Appeal / Motion to Set Aside Notice of Appeal

Legal Issues

  1. 1 Whether the notice of appeal should be set aside on the ground that the value in dispute does not reach the threshold required for appeal to the High Court under section 35 of the Judiciary Act 1903-1940
  2. 2 Whether the absence of all beneficiaries as parties affects the maintainability of the action

Ratio Decidendi

The value of the appellants' shares in the trust property did not meet the £300 threshold required under section 35 of the Judiciary Act 1903-1940 for a direct appeal to the High Court. As only 2/11 shares were in issue, and the value of these interests was below £300, the notice of appeal is to be set aside.

Court Disposition

Notice of appeal set aside; motion allowed with costs.

Orders

  • That the motion to set aside the notice of appeal is allowed.
  • That the notice of appeal dated 16th August 1941 is set aside.