Milne v James [1910] HCA 56

Milne v James [1910] HCA 56

The case involved property (land and wall) valued at over £300, and therefore the judgment was one involving a claim respecting property of the requisite value; thus, an appeal to the High Court lay as of right under s 35(1)(a) of the Judiciary Act 1903.

Parties
Appellant: Milne; Respondent: James
Jurisdiction
Australia
Judgment Date
25 October 1910
Procedural Posture
Appeal / High Court of Australia—appeal From the Supreme Court of Western Australia (full Court)
Outcome
Appeal allowed (by necessary implication, as the High Court disagreed with the lower courts' approach to value).
Legal Topics
Appeals, Valuation of Property, Easements, Jurisdictional Thresholds
Civil Procedure Property Law Appeals Valuation of Property Easements Jurisdictional Thresholds

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 2 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Milne

Appellant

James

Respondent

Procedural Posture

Appeal / High Court of Australia—appeal From the Supreme Court of Western Australia (full Court)

Legal Issues

  1. 1 Whether the judgment involves a claim respecting property amounting to or of the value of £300 under s 35(1)(a) of the Judiciary Act 1903 so as to permit an appeal to the High Court as of right.

Ratio Decidendi

The case involved property (land and wall) valued at over £300, and therefore the judgment was one involving a claim respecting property of the requisite value; thus, an appeal to the High Court lay as of right under s 35(1)(a) of the Judiciary Act 1903.

Court Disposition

Appeal allowed (by necessary implication, as the High Court disagreed with the lower courts' approach to value).