Cole v. Kealey [2001] NSWCA 336

Cole v. Kealey [2001] NSWCA 336

The advance of $100,000 made on 27 September 1996 was more likely than not a personal loan from Kealey to Cole, based largely on accepted evidence of a conversation in which Cole requested the loan for himself and undertook to repay it personally. The trial judge's findings were not undermined by documentary evidence or alleged inconsistencies, and were sufficiently grounded in the accepted facts.

Parties
Appellant: Terry Cole; Respondent: John Kealey
Jurisdiction
Australia
Judgment Date
14 September 2001
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Loan, Company Vs Principal Liability, Appealable Error
Contract Loan Company Vs Principal Liability Appealable Error

Case Brief

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Parties

Terry Cole

Appellant

John Kealey

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the $100,000 loan was made to Terry Cole personally or to the company (CAV Australia Pty Ltd)
  2. 2 Whether the trial judge made an appealable error in determining the nature of the loan

Ratio Decidendi

The advance of $100,000 made on 27 September 1996 was more likely than not a personal loan from Kealey to Cole, based largely on accepted evidence of a conversation in which Cole requested the loan for himself and undertook to repay it personally. The trial judge's findings were not undermined by documentary evidence or alleged inconsistencies, and were sufficiently grounded in the accepted facts.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs