Uittenbroek v Briggs [1960] HCA 67

Uittenbroek v Briggs [1960] HCA 67

The appeal was incompetent because the two reductions in damages awards had to be considered separately for the purposes of s. 35 of the Judiciary Act 1903-1960 and could not be combined to reach the requisite amount of £1,500; special leave was refused because it was not sufficiently clear that the Full Court adopted the alleged narrow view of temporal loss or that the matter warranted special leave.

Jurisdiction
Australia
Procedural Posture
Appeal and Application for Special Leave to Appeal / High Court of Australia
Outcome
Appeal struck out as incompetent. Special leave to appeal refused.
Legal Topics
['competency of Appeal' 'special Leave to Appeal' 'aggregation of Claims' 'awards of Damages' 'temporal Loss']
['appellate Procedure' 'damages'] ['competency of Appeal' 'special Leave to Appeal' 'aggregation of Claims' 'awards of Damages' 'temporal Loss']

Case Brief

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Procedural Posture

Appeal and Application for Special Leave to Appeal / High Court of Australia

Legal Issues

  1. 1 ['Whether two reductions in awards of damages contained in one judgment could be combined to reach the requisite amount of £1,500 for an appeal under s. 35 of the Judiciary Act 1903-1960.' 'Whether special leave to appeal should be granted.']

Ratio Decidendi

The appeal was incompetent because the two reductions in damages awards had to be considered separately for the purposes of s. 35 of the Judiciary Act 1903-1960 and could not be combined to reach the requisite amount of £1,500; special leave was refused because it was not sufficiently clear that the Full Court adopted the alleged narrow view of temporal loss or that the matter warranted special leave.

Court Disposition

Appeal struck out as incompetent. Special leave to appeal refused.

Orders

  • ['Appeal struck out as incompetent.' 'Special leave to appeal refused.' "The respondent to pay the appellants' costs of and incidental to the preparation of the appeal book."]