Howell v Weston [2003] NSWCA 235

Howell v Weston [2003] NSWCA 235

The appeal was dismissed because no successful attack was made on the District Court judge's credibility and factual findings; the judge gave specific reasons for rejecting the plaintiff's evidence, and documentary and oral evidence supported the conclusion that the defendant was not asked to seek a capping letter and was instructed not to do so.

Jurisdiction
Australia
Judgment Date
31 July 2003
Procedural Posture
Civil Appeal / Appeal From District Court Verdict and Judgment for the Defendant
Outcome
Appeal dismissed with costs.
Legal Topics
['credibility Findings' 'word Against Word Evidence' 'challenge to Findings of Fact' 'adequacy of Reasons' 'solicitor Negligence in Conveyancing']
['evidence' 'appeals' 'professional Negligence'] ['credibility Findings' 'word Against Word Evidence' 'challenge to Findings of Fact' 'adequacy of Reasons' 'solicitor Negligence in Conveyancing']

Case Brief

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Procedural Posture

Civil Appeal / Appeal From District Court Verdict and Judgment for the Defendant

Legal Issues

  1. 1 ["Whether the District Court judge's adverse credibility findings and findings of fact should be disturbed on appeal." "Whether the District Court judge gave adequate reasons for accepting the defendant's evidence and rejecting the plaintiff's evidence." 'Whether there was evidence supporting the finding that the defendant had not been asked to provide a capping letter as at settlement.']

Ratio Decidendi

The appeal was dismissed because no successful attack was made on the District Court judge's credibility and factual findings; the judge gave specific reasons for rejecting the plaintiff's evidence, and documentary and oral evidence supported the conclusion that the defendant was not asked to seek a capping letter and was instructed not to do so.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['The appeal is dismissed with costs.']