OFRIA v MICALLEF and ANOR [1998] NSWCA 166

OFRIA v MICALLEF and ANOR [1998] NSWCA 166

The appeal was dismissed on the basis that the trial judge's findings, especially as to the repayment of the loans and the credibility of witnesses, were adequately supported by the evidence and there was no sufficient reason for appellate interference.

Parties
Appellant: Ofria; Respondent: Micallef
Jurisdiction
Australia
Judgment Date
04 November 1998
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Loan Agreement, Repayment of Loans, Credibility of Witnesses, Appellate Review
Contract Loan Agreement Repayment of Loans Credibility of Witnesses Appellate Review

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Ofria

Appellant

Micallef

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant repaid the April 1984 loan and interest
  2. 2 Whether the appellant repaid the May and July 1984 loans with interest on 12 June 1990
  3. 3 Whether the trial judge erred in her assessment of witness credibility

Ratio Decidendi

The appeal was dismissed on the basis that the trial judge's findings, especially as to the repayment of the loans and the credibility of witnesses, were adequately supported by the evidence and there was no sufficient reason for appellate interference.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed with costs.