Rouhana v Parichatr & Anor [2001] NSWSC 103

Rouhana v Parichatr & Anor [2001] NSWSC 103

The appeal was dismissed because it was open on the evidence for the Magistrate to find that the document relied on by the plaintiff was not executed on 4 October 1995 and that he was not satisfied it was ever a legally binding agreement; no error of law was shown in the Magistrate's judgment.

Jurisdiction
Australia
Judgment Date
21 February 2001
Procedural Posture
Appeal From Local Court Judgment in a Claim for Professional Fees / Supreme Court Appeal Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
['professional Fees Agreement' 'binding Agreement' 'appeal on Question of Law' 'findings of Fact by Magistrate']
['contract Law' 'civil Procedure'] ['professional Fees Agreement' 'binding Agreement' 'appeal on Question of Law' 'findings of Fact by Magistrate']

Case Brief

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Procedural Posture

Appeal From Local Court Judgment in a Claim for Professional Fees / Supreme Court Appeal Judgment

Legal Issues

  1. 1 ['Whether the Magistrate could be satisfied that the document dated 4 October 1995 was not executed on that date.' 'Whether the Magistrate could find that the document dated 4 October 1995 was not a legally binding agreement between the parties.' "Whether the Magistrate's reasons disclosed an error of law."]

Ratio Decidendi

The appeal was dismissed because it was open on the evidence for the Magistrate to find that the document relied on by the plaintiff was not executed on 4 October 1995 and that he was not satisfied it was ever a legally binding agreement; no error of law was shown in the Magistrate's judgment.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']