Jenkins v Lanfranchi [1910] HCA 24

Jenkins v Lanfranchi [1910] HCA 24

For purposes of appeal by a plaintiff, the appealable amount is the amount he failed to recover, which is £100 in this case, so appeal does not lie without leave. Special leave to appeal regarding costs is refused; such appeals are only granted in very special circumstances and the Court will not interfere with the Supreme Court's discretion on costs.

Parties
Appellant, Plaintiff: Flora Jenkins; Respondent, Defendant: Joseph Lanfranchi; Defendant: Margaret Thorpe
Jurisdiction
Australia
Judgment Date
31 May 1910
Procedural Posture
Appeal / Appeal From Supreme Court of Victoria to High Court of Australia
Outcome
Appeal dismissed as incompetent; special leave refused
Legal Topics
Appealable Amount, Special Leave to Appeal, Costs Discretion, Competency of Appeal
Practice and Procedure Appealable Amount Special Leave to Appeal Costs Discretion Competency of Appeal

Case Brief

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Parties

Flora Jenkins

Appellant, Plaintiff

Joseph Lanfranchi

Respondent, Defendant

Margaret Thorpe

Defendant

Procedural Posture

Appeal / Appeal From Supreme Court of Victoria to High Court of Australia

Legal Issues

  1. 1 What is the appealable amount under section 35 of the Judiciary Act 1903 for a plaintiff who has failed and seeks to appeal?
  2. 2 Is special leave to appeal from a decision of the Supreme Court as to costs alone competent?
  3. 3 Should costs be allowed where objection to the competency of appeal is not taken until hearing?

Ratio Decidendi

For purposes of appeal by a plaintiff, the appealable amount is the amount he failed to recover, which is £100 in this case, so appeal does not lie without leave. Special leave to appeal regarding costs is refused; such appeals are only granted in very special circumstances and the Court will not interfere with the Supreme Court's discretion on costs.

Court Disposition

Appeal dismissed as incompetent; special leave refused

Orders

  • Appeal dismissed without costs