SREDOJEVIC v DIMIC [1991] NSWCA 256

SREDOJEVIC v DIMIC [1991] NSWCA 256

Minor factual errors or misstatements that do not go to the substance of the judge’s findings on credibility do not justify appellate interference, and the failure to call a corroborating witness does not, of itself, require a rejection of the uncorroborated evidence where the trial judge makes a positive finding as to credibility.

Parties
Plaintiff/appellant: URJ Sredojevic; Defendant/respondent: Mrs. Dimic
Jurisdiction
Australia
Judgment Date
04 October 1991
Procedural Posture
Appeal / Judgment on Appeal From the District Court
Outcome
Appeal dismissed with costs
Legal Topics
Appeal and New Trial, Credibility of Witnesses, Evidence—corroboration, Application of Jones V Dunkel
Tort Law Civil Procedure Appeal and New Trial Credibility of Witnesses Evidence—corroboration Application of Jones V Dunkel

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

URJ Sredojevic

Plaintiff/appellant

Mrs. Dimic

Defendant/respondent

Procedural Posture

Appeal / Judgment on Appeal From the District Court

Legal Issues

  1. 1 Whether the trial judge erred in preferring the defendant's evidence over the plaintiff's on credibility grounds
  2. 2 Whether the trial judge erred in not drawing an adverse inference from the defendant's failure to call her husband as a corroborating witness under Jones v Dunkel
  3. 3 Whether minor errors of fact or misstatements by the trial judge warrant a new trial

Ratio Decidendi

Minor factual errors or misstatements that do not go to the substance of the judge’s findings on credibility do not justify appellate interference, and the failure to call a corroborating witness does not, of itself, require a rejection of the uncorroborated evidence where the trial judge makes a positive finding as to credibility.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal is dismissed with costs