Milne v James

The case of *Milne v James* concerned an appeal from the Supreme Court of Western Australia to the High Court. The dispute originated from an action brought by the plaintiff seeking a declaration of right to a strip of land and a wall situated upon it. The defendant claimed an easement of support for beams of his adjoining building that rested on this wall. The plaintiff also sought a mandatory injunction and damages.

The central legal issue before the High Court was whether the judgment of the Supreme Court involved a claim, demand, or question respecting property amounting to or of the value of £300, thereby allowing an appeal as of right under section 35(1)(a) of the *Judiciary Act 1903*. The defendant had applied to set aside the plaintiff's notice of appeal on the grounds that the value of the matter in dispute was less than £300.

The High Court considered the value of the strip of land and the wall, which together were valued at approximately £290, and the plaintiff's actual damages of £15. The Court reasoned that the appeal lay as of right if the judgment involved a claim respecting property of the value of £300. Applying this principle, the Court held that the judgment did involve a claim respecting property amounting to or of the value of £300, notwithstanding that the direct financial loss to the plaintiff was less.

Consequently, the High Court allowed the appeal, setting aside the order of the Full Court of Western Australia which had affirmed the decision to set aside the notice of appeal. The Court found that an appeal to the High Court lay without leave.