WILLIAMS v MOBILETRACK PTY LTD [1998] NSWCA 264

WILLIAMS v MOBILETRACK PTY LTD [1998] NSWCA 264

The trial judge was entitled to reject the appellant's evidence as not credible and to find that the claim for additional hours was false and inflated. There was no error of principle in the judge's approach to the assessment of credibility, the application of the contractual terms, or the treatment of failure to call a witness. The appeal had no merit and was dismissed with costs.

Parties
Appellant: Williams; Respondent: Mobiletrack Pty Ltd
Jurisdiction
Australia
Judgment Date
24 November 1998
Procedural Posture
Appeal / Decision on Appeal
Outcome
appeal dismissed
Legal Topics
Consultancy Agreements, Work Done Claim, Assessment of Credibility, Fresh Evidence on Appeal
Contract Consultancy Agreements Work Done Claim Assessment of Credibility Fresh Evidence on Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Williams

Appellant

Mobiletrack Pty Ltd

Respondent

Procedural Posture

Appeal / Decision on Appeal

Legal Issues

  1. 1 Whether the appellant was contractually entitled to be paid for excess hours allegedly worked as a consultant.
  2. 2 Whether the trial judge erred in assessing the appellant's credibility and rejecting the claim for inflated hours.
  3. 3 Whether the principles from Jones v Dunkel regarding adverse inference from a party's failure to call a witness were misapplied.

Ratio Decidendi

The trial judge was entitled to reject the appellant's evidence as not credible and to find that the claim for additional hours was false and inflated. There was no error of principle in the judge's approach to the assessment of credibility, the application of the contractual terms, or the treatment of failure to call a witness. The appeal had no merit and was dismissed with costs.

Court Disposition

appeal dismissed

Orders

  • The appeal be dismissed.
  • The appellant pay the respondent's costs of the appeal.