Bylander v Multilink [2002] NSWCA 16

Bylander v Multilink [2002] NSWCA 16

No appealable error found in trial judge's reasoning, particularly regarding credibility findings and evaluation of evidence, and grounds not properly pleaded or articulated could not be entertained.

Jurisdiction
Australia
Judgment Date
11 February 2002
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs
Legal Topics
['appeal' 'credibility of Witnesses' 'undue Influence' 'unconscionable Conduct' 'false and Misleading Conduct' 'contract Review Act' 'construction of Loan Agreement']
['civil Procedure'] ['appeal' 'credibility of Witnesses' 'undue Influence' 'unconscionable Conduct' 'false and Misleading Conduct' 'contract Review Act' 'construction of Loan Agreement']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the trial judge erred in assessment and evaluation of evidence, particularly findings based on credibility' 'Whether there was undue influence, unconscionable conduct, false and misleading conduct or a breach of the Contract Review Act' 'Whether grounds concerning the construction of the Loan Agreement had merit' 'Whether new issues raised on appeal (sham documentation and fiduciary duty) could be considered']

Ratio Decidendi

No appealable error found in trial judge's reasoning, particularly regarding credibility findings and evaluation of evidence, and grounds not properly pleaded or articulated could not be entertained.

Court Disposition

Appeal dismissed with costs

Orders

  • ['Appeal dismissed with costs']