McDONALD v PERRONE [1997] NSWCA 217

McDONALD v PERRONE [1997] NSWCA 217

The Court found that the trial judge's findings were justified based on the appellant's own letters and payments, and Mr Scarfone's evidence. There was no basis for disturbing the trial judge's findings; the appeal should be dismissed.

Parties
Appellant: McDonald; Respondent: Perrone
Jurisdiction
Australia
Judgment Date
30 September 1997
Procedural Posture
Civil Appeal / Judgment Appeal Dismissed
Outcome
appeal dismissed
Legal Topics
Loan Agreements, Findings of Fact, Appeals on Factual Grounds, Evidence Credibility, Undocumented Transactions
Contract Law Loan Agreements Findings of Fact Appeals on Factual Grounds Evidence Credibility Undocumented Transactions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

McDonald

Appellant

Perrone

Respondent

Procedural Posture

Civil Appeal / Judgment Appeal Dismissed

Legal Issues

  1. 1 Whether the appellant borrowed money from the respondent as alleged.
  2. 2 Whether the findings of fact made by the trial judge should be overturned given alleged improbabilities and lack of documentation.

Ratio Decidendi

The Court found that the trial judge's findings were justified based on the appellant's own letters and payments, and Mr Scarfone's evidence. There was no basis for disturbing the trial judge's findings; the appeal should be dismissed.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the respondent's costs of the appeal.