Moller v Roy [1975] HCA 31

Moller v Roy [1975] HCA 31

The High Court has jurisdiction under s. 46(1)(a) of the Northern Territory Supreme Court Act 1961-1973 to hear appeals as of right from any judgment in a civil matter given for a sum of $3,000 or more. No further inquiry into the amount in issue or the value of the appeal is necessary. The existence of a judgment for the required sum is sufficient to confer competence for the appeal as of right.

Jurisdiction
Australia
Procedural Posture
Objection to Competency of Appeal in Civil Damages / High Court Order on Competency Prior to Appeal Hearing
Outcome
Objection to competency overruled.
Legal Topics
['right of Appeal' 'jurisdictional Thresholds' 'interpretation of Statutes']
['appellate Procedure' 'civil Procedure'] ['right of Appeal' 'jurisdictional Thresholds' 'interpretation of Statutes']

Case Brief

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Procedural Posture

Objection to Competency of Appeal in Civil Damages / High Court Order on Competency Prior to Appeal Hearing

Legal Issues

  1. 1 ['Whether an appeal as of right lies to the High Court from a judgment of the Supreme Court of the Northern Territory awarding more than $3,000, when the appellant (the plaintiff) alleges that the award is inadequate.']

Ratio Decidendi

The High Court has jurisdiction under s. 46(1)(a) of the Northern Territory Supreme Court Act 1961-1973 to hear appeals as of right from any judgment in a civil matter given for a sum of $3,000 or more. No further inquiry into the amount in issue or the value of the appeal is necessary. The existence of a judgment for the required sum is sufficient to confer competence for the appeal as of right.

Court Disposition

Objection to competency overruled.

Orders

  • ['The appeal is competent as of right under s. 46(1)(a) of the Northern Territory Supreme Court Act 1961-1973.']