Where valuation evidence admitted at trial and not rejected by the trial judge supports a claim exceeding $100,000, a single judge should not strike out the appeal as incompetent under s 101(2)(r) merely because the respondent adduces competing valuation evidence not before the trial judge. The appropriate course is to stand the competency motion over for hearing with the appeal.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.