HANNA v BARTOLIC [1996] NSWCA 240

HANNA v BARTOLIC [1996] NSWCA 240

The trial judge gave careful consideration to all the evidence and there was no basis for disturbing his findings of fact; the plaintiff failed to satisfy the court on the balance of probabilities that the sheet of corrugated iron came from the defendant's house.

Parties
Appellant: URJ Hanna; Respondent: Bartolic
Jurisdiction
Australia
Judgment Date
17 June 1996
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Damages, Findings of Fact, Evidence, Circumstantial Evidence
Tort Law Damages Findings of Fact Evidence Circumstantial Evidence

Case Brief

Summary, issues, holding and outcome

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Parties

URJ Hanna

Appellant

Bartolic

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge properly considered circumstantial evidence regarding the origin of the sheet of corrugated iron
  2. 2 Whether findings of fact regarding the evidence of witnesses, including Mrs El-Tachce, were erroneous

Ratio Decidendi

The trial judge gave careful consideration to all the evidence and there was no basis for disturbing his findings of fact; the plaintiff failed to satisfy the court on the balance of probabilities that the sheet of corrugated iron came from the defendant's house.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs