Jang & Anor v Kyoko [2005] NSWSC 464

Jang & Anor v Kyoko [2005] NSWSC 464

Leave to appeal was refused and the appeal dismissed because the Magistrate made no error of law, exercised proper discretion in admitting evidence, was entitled to make the credibility findings and factual determinations challenged by the plaintiffs, and was not obliged to draw a Jones v Dunkel inference regarding witness non-attendance.

Parties
First Plaintiff: Jung Kim Jang; Second Plaintiff: Peter Kiyoung Jang; Defendant: Taninishi Kyoko
Jurisdiction
Australia
Judgment Date
18 May 2005
Procedural Posture
Application for Leave to Appeal / Judgment on Leave to Appeal From Local Court Decision
Outcome
Appeal dismissed; leave to appeal refused
Legal Topics
Appeals, Error of Law, Evidence, Contracts
Civil Procedure Appeals Error of Law Evidence Contracts

Case Brief

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Parties

Jung Kim Jang

First Plaintiff

Peter Kiyoung Jang

Second Plaintiff

Taninishi Kyoko

Defendant

Procedural Posture

Application for Leave to Appeal / Judgment on Leave to Appeal From Local Court Decision

Legal Issues

  1. 1 Whether the Magistrate erred in law or made errors of mixed fact and law in findings related to the existence and parties to a contract
  2. 2 Whether inadmissible evidence was admitted
  3. 3 Whether proper inferences were drawn regarding witness non-attendance

Ratio Decidendi

Leave to appeal was refused and the appeal dismissed because the Magistrate made no error of law, exercised proper discretion in admitting evidence, was entitled to make the credibility findings and factual determinations challenged by the plaintiffs, and was not obliged to draw a Jones v Dunkel inference regarding witness non-attendance.

Court Disposition

Appeal dismissed; leave to appeal refused

Orders

  • Leave to appeal is refused.
  • The appeal is dismissed.