El-Hadi v Australian Timbers (NSW) Pty Ltd [2021] NSWSC 501

El-Hadi v Australian Timbers (NSW) Pty Ltd [2021] NSWSC 501

The primary judge's finding that the appellant executed the guarantee was based on acceptance of the respondent's witness evidence, with the signature issue plainly raised in the pleadings and contested at trial; there was no denial of procedural fairness, reversal of onus, or failure to provide adequate reasons, and there was evidence which the Magistrate was entitled to prefer, so no error of law or justification for leave to appeal on mixed fact and law arose.

Jurisdiction
Australia
Judgment Date
10 May 2021
Procedural Posture
Appeal (from Local Court) / Decision on Appeal and Application for Leave
Outcome
Appeal dismissed (to the extent questions of law raised); leave to appeal refused (to the extent questions of mixed law and fact raised)
Legal Topics
['appeals From Local Court' 'questions of Law Vs Fact' 'procedural Fairness/natural Justice' 'signing/execution of Guarantees' 'burden of Proof']
['appeals' 'contract Law' 'civil Procedure'] ['appeals From Local Court' 'questions of Law Vs Fact' 'procedural Fairness/natural Justice' 'signing/execution of Guarantees' 'burden of Proof']

Case Brief

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Procedural Posture

Appeal (from Local Court) / Decision on Appeal and Application for Leave

Legal Issues

  1. 1 ['Whether the Magistrate erred in finding that the appellant signed the guarantee in a manner different from his usual signature' 'Whether there was denial of procedural fairness or natural justice in accepting the existence of an alternate signature' "Whether there was 'no evidence' to support the finding that the appellant executed the guarantee" 'Whether the Magistrate reversed the onus of proof' "Whether the Magistrate gave adequate reasons for rejecting the sworn evidence of the appellant's son"]

Ratio Decidendi

The primary judge's finding that the appellant executed the guarantee was based on acceptance of the respondent's witness evidence, with the signature issue plainly raised in the pleadings and contested at trial; there was no denial of procedural fairness, reversal of onus, or failure to provide adequate reasons, and there was evidence which the Magistrate was entitled to prefer, so no error of law or justification for leave to appeal on mixed fact and law arose.

Court Disposition

Appeal dismissed (to the extent questions of law raised); leave to appeal refused (to the extent questions of mixed law and fact raised)

Orders

  • ['To the extent that the grounds of appeal raise questions of mixed law and fact, leave to appeal is refused' 'Otherwise, the appeal is dismissed' 'The plaintiff/appellant, Mr Mohamad El-Hadi, shall pay the costs of the respondent/defendant of and incidental to the proceedings']