COLLIER v SENGOS [1997] NSWCA 67

COLLIER v SENGOS [1997] NSWCA 67

The appeal was dismissed because the appellants failed to show a right to introduce fresh evidence, Mrs Collier's knowledge and participation overcame objections as to service, their arguments on mortgage invalidity had no substantive merit, and any tortious conduct by the respondent could sound only in nominal damages with no proof of actual loss.

Parties
Appellant: Robert John Collier; Appellant: Maureen Louise Collier; Respondent: Paul Sheridan Sengos
Jurisdiction
Australia
Judgment Date
25 June 1997
Procedural Posture
Appeal / Appeal Judgment
Outcome
appeal dismissed with costs
Legal Topics
Mortgage Possession, Trespass to Goods, Conversion, Application to Adduce Fresh Evidence, Service of Process, Damages
Property Law Tort Law Civil Procedure Mortgage Possession Trespass to Goods Conversion Application to Adduce Fresh Evidence Service of Process +1 more

Case Brief

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Parties

Robert John Collier

Appellant

Maureen Louise Collier

Appellant

Paul Sheridan Sengos

Respondent

Procedural Posture

Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the appellants should be permitted to rely on fresh evidence on appeal
  2. 2 Whether the originating process was properly served on Mrs Collier
  3. 3 Whether the trial judge erred in refusing to hear the appellants on certain issues, including the validity of the mortgage

Ratio Decidendi

The appeal was dismissed because the appellants failed to show a right to introduce fresh evidence, Mrs Collier's knowledge and participation overcame objections as to service, their arguments on mortgage invalidity had no substantive merit, and any tortious conduct by the respondent could sound only in nominal damages with no proof of actual loss.

Court Disposition

appeal dismissed with costs

Orders

  • The appellants' notice of motion seeking to adduce fresh evidence, include matters from proceedings Cl12247/96, and amend the notice of appeal is refused.
  • The appeal is dismissed with costs.