HARVEY V. MCWATTERS

HARVEY V. MCWATTERS

The appeal turned on a conflict of oral evidence as to the amount of consideration. The trial judge was entitled to accept the respondent's version after considering witness credibility, the documents, and the probabilities. The appellate court was not convinced the trial judge was wrong and thus would not interfere with the findings.

Parties
Appellant: Harvey; Respondent: McWatters
Jurisdiction
Australia
Judgment Date
03 August 1950
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.

Case Brief

Summary, issues, holding and outcome

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Parties

Harvey

Appellant

McWatters

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the consideration amount in question was £4,500 or £2,000
  2. 2 Whether the trial judge erred in the findings of fact on the amount of consideration
  3. 3 Whether the onus of proof was properly allocated and applied

Ratio Decidendi

The appeal turned on a conflict of oral evidence as to the amount of consideration. The trial judge was entitled to accept the respondent's version after considering witness credibility, the documents, and the probabilities. The appellate court was not convinced the trial judge was wrong and thus would not interfere with the findings.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.