EDSER v BABLIS [2001] NSWCA 320

EDSER v BABLIS [2001] NSWCA 320

The Court was not persuaded that any errors had been demonstrated in the Acting Judge's reasons for judgment, and considered that the findings of fact, including those depending on credit, were open to her and involved no error of reasoning.

Jurisdiction
Australia
Judgment Date
12 September 2001
Procedural Posture
Appeal / Appeal From Two Judgments of the District Court
Outcome
Appeal dismissed with costs.
Legal Topics
['appeal' 'short Form Reasons' 'findings of Fact' 'credit Findings' 'costs']
['civil Procedure' 'appellate Law'] ['appeal' 'short Form Reasons' 'findings of Fact' 'credit Findings' 'costs']

Case Brief

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Procedural Posture

Appeal / Appeal From Two Judgments of the District Court

Legal Issues

  1. 1 ["Whether errors were demonstrated in the Acting Judge's reasons for judgment." 'Whether the findings of fact, including findings depending on credit, were open to the Acting Judge and involved an error of reasoning.']

Ratio Decidendi

The Court was not persuaded that any errors had been demonstrated in the Acting Judge's reasons for judgment, and considered that the findings of fact, including those depending on credit, were open to her and involved no error of reasoning.

Court Disposition

Appeal dismissed with costs.

Orders

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