Broadlands Properties Pty Ltd & Ors v Burns & Burns Pty Ltd & Ors [1997] FCA 509

Broadlands Properties Pty Ltd & Ors v Burns & Burns Pty Ltd & Ors [1997] FCA 509

The appeal failed because the trial Judge's rejection of the principal factual case rested on credibility findings open on the evidence and not shown to fall within the limited grounds for appellate interference. The re-tendered Beattie affidavit evidence was not admissible to rebut recent invention because the cross-examination did not make the necessary specific imputation and, as Sackville J added, the statement was not sufficiently to the like effect as Mrs Virgona's pleaded case and evidence. The Westpac memorandum, even if of only peripheral relevance, was not shown to have influenced the reasons, and the Mosman transaction material was admissible as some evidence of business acumen...

Jurisdiction
Australia
Judgment Date
21 May 1997
Procedural Posture
Civil Appeal / Appeal Against a Decision of a Judge of the Federal Court of Australia After a 35 Day Hearing
Outcome
Appeal dismissed with costs.
Legal Topics
['appellate Review of Credibility Findings' 'prior Consistent Statements' 'recent Invention' 'admissibility of Evidence' 'alleged Estate Agent Valuation Misrepresentation']
['evidence' 'appellate Procedure' 'misrepresentation'] ['appellate Review of Credibility Findings' 'prior Consistent Statements' 'recent Invention' 'admissibility of Evidence' 'alleged Estate Agent Valuation Misrepresentation']

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 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Appeal / Appeal Against a Decision of a Judge of the Federal Court of Australia After a 35 Day Hearing

Legal Issues

  1. 1 ['Whether the trial Judge erred in rejecting para 17 of an affidavit sworn by solicitor David Beattie when it was re-tendered as material said to rebut a suggestion of recent invention.' 'Whether the trial Judge wrongly admitted a Westpac memorandum dated 5 February 1993 containing comments about Mrs Virgona.' 'Whether evidence concerning a Hopetoun Avenue, Mosman property transaction was irrelevant and wrongly admitted.' "Whether alleged errors or failures in assessing evidence justified appellate interference with the trial Judge's factual and credibility findings."]

Ratio Decidendi

The appeal failed because the trial Judge's rejection of the principal factual case rested on credibility findings open on the evidence and not shown to fall within the limited grounds for appellate interference. The re-tendered Beattie affidavit evidence was not admissible to rebut recent invention because the cross-examination did not make the necessary specific imputation and, as Sackville J added, the statement was not sufficiently to the like effect as Mrs Virgona's pleaded case and evidence. The Westpac memorandum, even if of only peripheral relevance, was not shown to have influenced the reasons, and the Mosman transaction material was admissible as some evidence of business acumen...

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal be dismissed.' "The appellants pay the respondent's costs of the appeal."]