Anton v White [2001] NSWCA 66

Anton v White [2001] NSWCA 66

The appellant failed to establish on the civil standard of proof that the respondent committed an assault; there was no sufficient error in the fact finding of the trial judge to justify appellate interference.

Jurisdiction
Australia
Judgment Date
30 March 2001
Procedural Posture
Appeal / Court of Appeal Judgment After Trial in District Court
Outcome
Appeal dismissed with costs.
Legal Topics
['assault' 'damages' 'appeal on Findings of Fact']
['tort'] ['assault' 'damages' 'appeal on Findings of Fact']

Case Brief

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Procedural Posture

Appeal / Court of Appeal Judgment After Trial in District Court

Legal Issues

  1. 1 ["Whether the trial judge erred in dismissing the plaintiff's claim for damages for assault based on findings of fact." "Whether there was a sufficient basis for appellate interference with the trial judge's conclusions."]

Ratio Decidendi

The appellant failed to establish on the civil standard of proof that the respondent committed an assault; there was no sufficient error in the fact finding of the trial judge to justify appellate interference.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']