CASTLEREAGH STUD PTY LTD v HOOPER and ANOR [1994] NSWCA 43
The trial judge's findings on credibility regarding the oral contract for sale of the shed and service fees depended on assessment of witnesses, supported by independent corroboration and not displaced by incontrovertible facts. These findings could not be disturbed on appeal. The order for indemnity costs was valid due to retrospective statutory amendment.
- Parties
- Appellant: Castlereagh Stud Pty Ltd; Respondent: SJ Hooper Pty Ltd; Respondent: SJ Hooper
- Jurisdiction
- Australia
- Judgment Date
- 22 September 1994
- Procedural Posture
- Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Legal Topics
- Credibility Findings, Oral Contract, Indemnity Costs
Case Brief
Summary, issues, holding and outcome
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Parties
Castlereagh Stud Pty Ltd
Appellant
SJ Hooper Pty Ltd
Respondent
SJ Hooper
Respondent
Procedural Posture
Appeal / Judgment
Legal Issues
- 1 Whether the trial judge's findings on credibility regarding an alleged oral contract for sale of a shed were displaced by incontrovertible evidence
- 2 Whether the trial judge's findings on service fee agreements for mares should be disturbed
- 3 Validity of indemnity costs order under District Court procedure
Ratio Decidendi
The trial judge's findings on credibility regarding the oral contract for sale of the shed and service fees depended on assessment of witnesses, supported by independent corroboration and not displaced by incontrovertible facts. These findings could not be disturbed on appeal. The order for indemnity costs was valid due to retrospective statutory amendment.
Court Disposition
appeal dismissed with costs
Orders
- Appeal dismissed with costs.
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