MULLER v NIXON [1996] NSWCA 374

MULLER v NIXON [1996] NSWCA 374

The appeal was dismissed as it raised only questions of fact already decided by the Trial Judge after credibility assessment, and there was no reason to prolong the case.

Parties
Appellant: Muller; Respondent: Nixon
Jurisdiction
Australia
Judgment Date
09 April 1996
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed with costs

Case Brief

Summary, issues, holding and outcome

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Parties

Muller

Appellant

Nixon

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the appeal should proceed where the notice of appeal raised questions of fact already determined by the Trial Judge

Ratio Decidendi

The appeal was dismissed as it raised only questions of fact already decided by the Trial Judge after credibility assessment, and there was no reason to prolong the case.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.