ALMAET v SADDI [1995] NSWCA 16

ALMAET v SADDI [1995] NSWCA 16

The appeal was dismissed as there was sufficient evidence for the trial judge to disbelieve the appellant's claim of incapacity and no objective proof supporting incapacity after 14 June 1990.

Parties
Appellant: Almaet; Respondent: Saddi
Jurisdiction
Australia
Judgment Date
03 May 1995
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Finding of Fact, Partial Incapacity, Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Almaet

Appellant

Saddi

Respondent

Procedural Posture

Appeal / Judgment

  1. 1 Whether the trial judge erred in disbelieving the appellant's evidence of incapacity after 14 June 1990

Ratio Decidendi

The appeal was dismissed as there was sufficient evidence for the trial judge to disbelieve the appellant's claim of incapacity and no objective proof supporting incapacity after 14 June 1990.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed with costs