Tarar v Denwol Pty Limited [2014] NSWCA 301

Tarar v Denwol Pty Limited [2014] NSWCA 301

Leave to appeal was refused because none of the applicant's complaints about lack of an interpreter, credibility findings, alleged factual errors, or rejection of the GIO document undermined the primary judge's central findings as to when the managing agent first became aware of the water leak risk and whether the applicant was warned of the danger of collapse, and no basis for appellate intervention was shown.

Jurisdiction
Australia
Judgment Date
13 August 2014
Procedural Posture
Application for Leave to Appeal / Court of Appeal Summons Seeking Leave to Appeal From District Court Judgment
Outcome
Summons seeking leave to appeal dismissed with costs.
Legal Topics
['leave to Appeal' 'appellate Intervention' 'credibility Findings' 'interpreter at Trial' 'admissibility of Evidence']
['appeal' 'personal Injury'] ['leave to Appeal' 'appellate Intervention' 'credibility Findings' 'interpreter at Trial' 'admissibility of Evidence']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Summons Seeking Leave to Appeal From District Court Judgment

Legal Issues

  1. 1 ["Whether the applicant's complaints about the absence of an interpreter at trial had substance where no interpreter was sought and he was represented by experienced solicitors and counsel." "Whether the primary judge's adverse credibility findings against the applicant justified appellate intervention." "Whether alleged factual errors and the rejection of a document tendered at the end of the District Court hearing cast sufficient doubt on the primary judge's decision to warrant leave to appeal."]

Ratio Decidendi

Leave to appeal was refused because none of the applicant's complaints about lack of an interpreter, credibility findings, alleged factual errors, or rejection of the GIO document undermined the primary judge's central findings as to when the managing agent first became aware of the water leak risk and whether the applicant was warned of the danger of collapse, and no basis for appellate intervention was shown.

Court Disposition

Summons seeking leave to appeal dismissed with costs.

Orders

  • ['The summons seeking leave to appeal be dismissed with costs.']