Damjanovic v York Agencies Pty Ltd & Ors [2003] NSWCA 222

Damjanovic v York Agencies Pty Ltd & Ors [2003] NSWCA 222

The Court found that Mr Damjanovic had signed the deed of assignment of debt, the signature was not a forgery, and the deed was valid and binding upon him. The findings of fact by the trial judge were not overturned as they were not glaringly improbable nor contrary to compelling inferences, and the onus of proof regarding forgery was not met by Mr Damjanovic. There was no evidence of fraud regarding Spehar's incurring the debt, so Spehar's discharge from bankruptcy released him from the debt.

Jurisdiction
Australia
Judgment Date
10 September 2003
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['assignment of Debt' 'forgery' 'bankruptcy' 'findings of Fact' 'loan Agreement' 'validity of Deed' 'summary Dismissal' 'onus of Proof']
['civil Law'] ['assignment of Debt' 'forgery' 'bankruptcy' 'findings of Fact' 'loan Agreement' 'validity of Deed' 'summary Dismissal' 'onus of Proof']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the signature on the deed of assignment of debt dated 22 July 1996 was a forgery' 'Whether the deed of assignment of debt dated 22 July 1996 was valid and binding upon the plaintiff' 'Whether Mr Damjanovic owed fees to Sharpe Hume & Co (Services) Pty Ltd' "Effect of Mr Spehar's bankruptcy and discharge from bankruptcy on any claim by Mr Damjanovic"]

Ratio Decidendi

The Court found that Mr Damjanovic had signed the deed of assignment of debt, the signature was not a forgery, and the deed was valid and binding upon him. The findings of fact by the trial judge were not overturned as they were not glaringly improbable nor contrary to compelling inferences, and the onus of proof regarding forgery was not met by Mr Damjanovic. There was no evidence of fraud regarding Spehar's incurring the debt, so Spehar's discharge from bankruptcy released him from the debt.

Court Disposition

appeal dismissed

Orders

  • ['Appeal dismissed with costs' "In action No. 2410/00, verdict and judgment for the defendants; plaintiff to pay defendants' costs of the trial in the District Court"]