Temiha v Sadebarth [1997] NSWCA 308

Temiha v Sadebarth [1997] NSWCA 308

The Court held that the trial judge was not bound to accept the Appellant's evidence merely because it was uncontradicted or not cross-examined on a particular issue; and the grounds of appeal as stated were not broad enough to support the Appellant's argument. Leave to amend the Notice of Appeal was refused, and the original grounds did not support the contentions raised.

Parties
Appellant: Temiha; Respondent: Sadebarth
Jurisdiction
Australia
Judgment Date
13 May 1997
Procedural Posture
Appeal / Hearing and Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Weight and Sufficiency of Evidence, Cross Examination, Uncontradicted Evidence
Evidence Weight and Sufficiency of Evidence Cross Examination Uncontradicted Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

Temiha

Appellant

Sadebarth

Respondent

Procedural Posture

Appeal / Hearing and Judgment

Legal Issues

  1. 1 Whether trial judge is bound to accept the evidence of a witness when not cross-examined or contradicted on a particular issue
  2. 2 Whether grounds of appeal permit argument regarding uncontradicted evidence
  3. 3 Whether procedural fairness was denied due to lack of cross-examination or contradictory evidence

Ratio Decidendi

The Court held that the trial judge was not bound to accept the Appellant's evidence merely because it was uncontradicted or not cross-examined on a particular issue; and the grounds of appeal as stated were not broad enough to support the Appellant's argument. Leave to amend the Notice of Appeal was refused, and the original grounds did not support the contentions raised.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs