WOODS v HARWIN and ANOR [1993] NSWCA 291

WOODS v HARWIN and ANOR [1993] NSWCA 291

The trial judge's acceptance of the plaintiffs' evidence, despite inconsistencies in some details, was supported by the totality of the oral and documentary evidence; thus, there was no error warranting appellate intervention.

Parties
Appellant: Mrs Woods; Respondents: Mr and Mrs Harwin
Jurisdiction
Australia
Judgment Date
05 November 1993
Procedural Posture
Appeal / Decision on Appeal
Outcome
appeal dismissed
Legal Topics
Loan Recovery, Assessment of Evidence, Credibility of Witnesses, Appeals Procedure
Contract Law Loan Recovery Assessment of Evidence Credibility of Witnesses Appeals Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Mrs Woods

Appellant

Mr and Mrs Harwin

Respondents

Procedural Posture

Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether the trial judge erred in accepting the plaintiffs' version as to whom the loan was made
  2. 2 Whether the oral and documentary evidence supported the finding that the loan was made to Mrs Woods

Ratio Decidendi

The trial judge's acceptance of the plaintiffs' evidence, despite inconsistencies in some details, was supported by the totality of the oral and documentary evidence; thus, there was no error warranting appellate intervention.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.