NASSAR v ANTONIOUS [1994] NSWCA 215

NASSAR v ANTONIOUS [1994] NSWCA 215

No failure in the trial process or misuse of the trial judge's advantage in hearing witnesses was established; the findings were not glaringly improbable or inconsistent with objective evidence, and thus no appealable error was demonstrated.

Parties
Appellant: Nassar; Respondent: Antonious
Jurisdiction
Australia
Judgment Date
27 June 1994
Procedural Posture
Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Motor Vehicle Accidents, Credibility of Witnesses, Appeal Standards
Torts Motor Vehicle Accidents Credibility of Witnesses Appeal Standards

Case Brief

Summary, issues, holding and outcome

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Parties

Nassar

Appellant

Antonious

Respondent

Procedural Posture

Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the trial judge's credibility findings were erroneous so as to amount to appealable error
  2. 2 Whether the decision was glaringly improbable or contradicted by objective evidence

Ratio Decidendi

No failure in the trial process or misuse of the trial judge's advantage in hearing witnesses was established; the findings were not glaringly improbable or inconsistent with objective evidence, and thus no appealable error was demonstrated.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.