ATTWELLS v HARRIS [1990] NSWCA 13

ATTWELLS v HARRIS [1990] NSWCA 13

There was no objective evidence before the trial judge that compelled rejection of the plaintiff’s account, and the finding that the plaintiff lent $45,000 to the defendant was open to the judge based on credibility and supporting evidence; therefore, the appeal must be dismissed.

Parties
Plaintiff: Arthur Peter Harris; Defendant: D Attwells
Jurisdiction
Australia
Judgment Date
22 November 1990
Procedural Posture
Civil / Appeal
Outcome
appeal dismissed
Legal Topics
Loan Agreement, Fact Finding, Credibility of Witnesses
Contract Loan Agreement Fact Finding Credibility of Witnesses

Case Brief

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Parties

Arthur Peter Harris

Plaintiff

D Attwells

Defendant

Procedural Posture

Civil / Appeal

Legal Issues

  1. 1 Whether the plaintiff lent $45,000 to the defendant as alleged
  2. 2 Whether the trial judge erred in accepting the plaintiff as truthful despite inconsistencies

Ratio Decidendi

There was no objective evidence before the trial judge that compelled rejection of the plaintiff’s account, and the finding that the plaintiff lent $45,000 to the defendant was open to the judge based on credibility and supporting evidence; therefore, the appeal must be dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs