Trka & Anor v Hulbert & Ors

Trka & Anor v Hulbert & Ors

The trial judge was entitled to find the Bill of Sale was genuine and not a forgery, based on her assessment of the witnesses and the evidence. The findings of fact were not plainly wrong and the appeal on fact does not meet the high threshold for appellate intervention.

Parties
Appellant: Anthony Trka; Appellant: Jennifer Anne Trka; Respondent: Barry David Hulbert; Respondent: Anthony John Hulbert; Respondent: Gary Wayne Hulbert; Respondent: Four Ace Travel Limited; Respondent: Carl Johnson Biddles; Respondent: Proline Travel Limited
Jurisdiction
England and Wales
Judgment Date
29 November 2007
Procedural Posture
Civil Appeal / Appeal From Judgment and Order of Cox J in Nottingham County Court
Outcome
appeal dismissed
Legal Topics
Appeals on Findings of Fact, Fraud and Forgery Allegations, Sale of Business Assets, Standard of Proof in Civil Fraud
Civil Procedure Contract Law Company Law Appeals on Findings of Fact Fraud and Forgery Allegations Sale of Business Assets Standard of Proof in Civil Fraud

Case Brief

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Parties

Anthony Trka

Appellant

Jennifer Anne Trka

Appellant

Barry David Hulbert

Respondent

Anthony John Hulbert

Respondent

Gary Wayne Hulbert

Respondent

Four Ace Travel Limited

Respondent

Carl Johnson Biddles

Respondent

Proline Travel Limited

Respondent

Procedural Posture

Civil Appeal / Appeal From Judgment and Order of Cox J in Nottingham County Court

Legal Issues

  1. 1 Whether the trial judge erred in finding the Bill of Sale was genuine and not a forgery
  2. 2 Whether the findings of fact by the trial judge should be overturned on appeal
  3. 3 Whether the conduct of the parties supported the existence of a genuine sale of assets

Ratio Decidendi

The trial judge was entitled to find the Bill of Sale was genuine and not a forgery, based on her assessment of the witnesses and the evidence. The findings of fact were not plainly wrong and the appeal on fact does not meet the high threshold for appellate intervention.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.