KABALAN v ELIAS BROS PTY LTD [1996] NSWCA 286

KABALAN v ELIAS BROS PTY LTD [1996] NSWCA 286

The finding of fact made by the referee regarding the conversation was supported by evidence and was not contrary to the weight of the evidence; thus, neither Giles J nor the Court of Appeal had grounds to overturn it. Consequently, the limitation defence stood and the appellant's claim was defeated.

Source-derived case information.

Parties
Appellant: URJ Kabalan; Respondent: Elias Bros Pty Ltd
Jurisdiction
Australia
Judgment Date
11 April 1996
Procedural Posture
Appeal / Court of Appeal Decision
Outcome
appeal dismissed
Legal Topics
Appeals, Findings of Fact, Limitations
Civil Procedure Appeals Findings of Fact Limitations

Source-derived case record

Summary, issues, holding and outcome

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Parties

URJ Kabalan

Appellant

Elias Bros Pty Ltd

Respondent

Procedural Posture

Appeal / Court of Appeal Decision

Legal Issues

  1. 1 Whether the Court of Appeal should overturn a finding of fact by the Referee adopted by Giles J.
  2. 2 Whether the limitation defence defeating the appellant's claim was wrongly upheld.

Ratio Decidendi

The finding of fact made by the referee regarding the conversation was supported by evidence and was not contrary to the weight of the evidence; thus, neither Giles J nor the Court of Appeal had grounds to overturn it. Consequently, the limitation defence stood and the appellant's claim was defeated.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.