MANN v WESTPAC BANKING CORPORATION [1989] NSWCA 138

MANN v WESTPAC BANKING CORPORATION [1989] NSWCA 138

The appeal was dismissed because the trial judge's findings of fact, based largely on the credibility of witnesses, were not displaced and the requirements for granting a new trial on the basis of fresh evidence were not satisfied.

Parties
Appellant: Mann; Respondent: Westpac Banking Corporation
Jurisdiction
Australia
Judgment Date
08 November 1989
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Guarantee, Fresh Evidence on Appeal, Assessment of Credibility, Contracts Review Act 1980
Contract Law Banking and Finance Guarantee Fresh Evidence on Appeal Assessment of Credibility Contracts Review Act 1980

Case Brief

Summary, issues, holding and outcome

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Parties

Mann

Appellant

Westpac Banking Corporation

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in rejecting the appellants' evidence regarding alleged representations by the respondent
  2. 2 Whether the guarantee was void based on alleged misrepresentation
  3. 3 Whether a new trial should be granted based on fresh evidence

Ratio Decidendi

The appeal was dismissed because the trial judge's findings of fact, based largely on the credibility of witnesses, were not displaced and the requirements for granting a new trial on the basis of fresh evidence were not satisfied.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs.