Amos v Fraser

In *Amos v Fraser*, the High Court of Australia considered an appeal concerning a judgment that ordered a trustee to pay costs. The core of the dispute revolved around whether this judgment attracted a right of appeal to the High Court under section 35(1)(a) and (2) of the *Judiciary Act 1903* (Cth), which pertains to appeals involving claims, demands, or questions respecting property amounting to £300.

The primary legal issue before the Court was whether the order for costs against the trustee constituted a "claim, demand or question to or respecting property" within the meaning of the *Judiciary Act*. Specifically, the Court had to determine if the trustee's personal liability for costs, arising from their role as trustee, fell within the scope of the appeal provisions, particularly given the monetary threshold stipulated in the Act.

The Court reasoned that an order for costs against a trustee, even if personally liable, did not inherently involve a claim, demand, or question respecting property in the sense contemplated by section 35(1)(a) of the *Judiciary Act*. The appeal was therefore dismissed for want of jurisdiction, as the judgment did not meet the statutory requirement of involving a claim, demand, or question respecting property of the specified value.