George v Bourke & Anor [2003] NSWCA 196

George v Bourke & Anor [2003] NSWCA 196

The appeal failed because the appellant did not identify any incontrovertible fact, uncontested testimony, compelling inference, glaring improbability, misuse of the trial judge's advantage, or documentary admission demonstrating error in the trial judge's acceptance of the respondents' evidence and rejection of the appellant's case. The alleged loans, guarantee and collections were unsupported by receipts or reliable documents, internally inconsistent, and depended on witnesses whom the trial judge was entitled to disbelieve.

Jurisdiction
Australia
Judgment Date
17 July 2003
Procedural Posture
Civil Appeal From District Court Liquidated Claim / Judgment on Appeal
Outcome
Appeal dismissed with costs.
Legal Topics
['grounds of Appeal' 'appellate Review of Factual Findings' 'credibility Findings' 'loans and Advances' 'guarantee' 'money Had and Received']
['civil Procedure' 'evidence' 'contract'] ['grounds of Appeal' 'appellate Review of Factual Findings' 'credibility Findings' 'loans and Advances' 'guarantee' 'money Had and Received']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Appeal From District Court Liquidated Claim / Judgment on Appeal

Legal Issues

  1. 1 ["Whether the trial judge erred in factual findings dismissing the appellant's claims for moneys lent and advanced, guarantee, or money had and received." "Whether the trial judge's credit findings against the appellant and his witness and in favour of the respondents were unsupported or inadequately reasoned." "Whether documentary evidence or alleged admissions in solicitors' correspondence demonstrated error in the trial judge's conclusions." 'Whether the defectively drawn notice of appeal identified appeal grounds with sufficient clarity.']

Ratio Decidendi

The appeal failed because the appellant did not identify any incontrovertible fact, uncontested testimony, compelling inference, glaring improbability, misuse of the trial judge's advantage, or documentary admission demonstrating error in the trial judge's acceptance of the respondents' evidence and rejection of the appellant's case. The alleged loans, guarantee and collections were unsupported by receipts or reliable documents, internally inconsistent, and depended on witnesses whom the trial judge was entitled to disbelieve.

Court Disposition

Appeal dismissed with costs.

Orders

  • ['Appeal dismissed with costs.']