Jambrecina, Drago v Tom Elvin Pty Ltd [1998] FCA 1444

Jambrecina, Drago v Tom Elvin Pty Ltd [1998] FCA 1444

Any error by the Magistrate was an error in understanding or assessing the evidence, not an error of law or principle, and the conclusion reached was available to the Magistrate; the appeal therefore had to be dismissed.

Jurisdiction
Australia
Judgment Date
02 November 1998
Procedural Posture
Appeal From the Supreme Court of the Australian Capital Territory / Ex Tempore Judgment
Outcome
Appeal dismissed; no costs awarded.
Legal Topics
['error of Law or Principle' 'assessment of Evidence' 'procedural Fairness']
['appellate Procedure' 'civil Procedure'] ['error of Law or Principle' 'assessment of Evidence' 'procedural Fairness']

Case Brief

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Procedural Posture

Appeal From the Supreme Court of the Australian Capital Territory / Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the learned Magistrate made an error of principle or of law.' 'Whether the proceedings were conducted in a manner which was unfair to the appellant.']

Ratio Decidendi

Any error by the Magistrate was an error in understanding or assessing the evidence, not an error of law or principle, and the conclusion reached was available to the Magistrate; the appeal therefore had to be dismissed.

Court Disposition

Appeal dismissed; no costs awarded.

Orders

  • ['The appeal be dismissed.' 'Costs should not be awarded.']