Anjoul v Westpac Banking Corporation & Antunes; Koura v Westpac Banking Corporation & Antunes; Koura v Westpac Corporation & Antunes. [2000] NSWCA 355

Anjoul v Westpac Banking Corporation & Antunes; Koura v Westpac Banking Corporation & Antunes; Koura v Westpac Corporation & Antunes. [2000] NSWCA 355

Although the trial judge made mistaken findings of fact, these were not the only bases supporting his findings on credit; the findings as to credit were otherwise unassailable and justify dismissal of the appeals.

Parties
Appellant: Barkhos Anjoul; Appellant: Sadie Anjoul; Appellant: Sadik Koura; Appellant: Sadie Koura; Appellant: William Koura; Appellant: Nouhad Koura; Respondent: Westpac Banking Corporation; Respondent: Margaret Cavaco Antunes
Jurisdiction
Australia
Judgment Date
14 December 2000
Procedural Posture
Appeal / Final Appellate Judgment
Outcome
appeals dismissed
Legal Topics
Appellable Error, Error of Fact by Trial Judge, Mortgage Enforcement, Third Party Mortgages, Rectification of Mortgage Instruments, Solicitor Duties
Banking and Finance Law Tort Law Property Law Appellable Error Error of Fact by Trial Judge Mortgage Enforcement Third Party Mortgages Rectification of Mortgage Instruments +1 more

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 2 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Barkhos Anjoul

Appellant

Sadie Anjoul

Appellant

Sadik Koura

Appellant

Sadie Koura

Appellant

William Koura

Appellant

Nouhad Koura

Appellant

Westpac Banking Corporation

Respondent

Margaret Cavaco Antunes

Respondent

Procedural Posture

Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether a trial judge's finding on credit infected by a factual mistake ought to be set aside
  2. 2 Whether the factual errors made by the trial judge affected the overall findings on credibility
  3. 3 Whether the appellants and cross-claimants under the mortgages had informed consent

Ratio Decidendi

Although the trial judge made mistaken findings of fact, these were not the only bases supporting his findings on credit; the findings as to credit were otherwise unassailable and justify dismissal of the appeals.

Court Disposition

appeals dismissed

Orders

  • Appeal dismissed.
  • Parties to bring in appropriate orders for the Court's approval within seven days.