Di Gregorio v Ohanessian [2021] NSWDC 100

Di Gregorio v Ohanessian [2021] NSWDC 100

The appeal is limited to lack of jurisdiction or procedural fairness. The Assessor acted within jurisdiction, considered ownership appropriately, and afforded procedural fairness; none of the appeal grounds were made out.

Jurisdiction
Australia
Judgment Date
31 March 2021
Procedural Posture
Appeal / Decision
Outcome
Appeal dismissed
Legal Topics
['appeals' 'procedural Fairness' 'detinue' 'ownership of Chattels']
['civil Law'] ['appeals' 'procedural Fairness' 'detinue' 'ownership of Chattels']

Case Brief

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Procedural Posture

Appeal / Decision

Legal Issues

  1. 1 ['Whether jurisdiction was exceeded by considering post-separation conduct instead of ownership' "Whether procedural fairness was denied by disregarding plaintiff's evidence and accepting defendant's assertion of ownership" "Whether procedural fairness was denied by refusal to accept plaintiff's medical evidence"]

Ratio Decidendi

The appeal is limited to lack of jurisdiction or procedural fairness. The Assessor acted within jurisdiction, considered ownership appropriately, and afforded procedural fairness; none of the appeal grounds were made out.

Court Disposition

Appeal dismissed

Orders

  • ['The appeal is dismissed.' 'I confirm the orders of the Assessor.' "The plaintiff is to pay the defendant's costs of the appeal, as agreed or assessed."]