Prebble v Costa

Prebble v Costa

The trial judge's finding that Prebble lent £70,000 directly to Costa, with repayment due upon sale of the property, was not plainly wrong and was supported by witness evidence and correspondence; the appeal fails.

Parties
Appellant: David Prebble; Respondent: Marco Costa
Jurisdiction
England and Wales
Judgment Date
23 June 2010
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Oral Agreements, Loan Disputes, Repayment Obligations, Factual Findings, Appeal Against Factual Findings
Contract Law Oral Agreements Loan Disputes Repayment Obligations Factual Findings Appeal Against Factual Findings

Case Brief

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Parties

David Prebble

Appellant

Marco Costa

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether £70,000 was lent by Prebble to Costa or to the Tappings
  2. 2 Whether Costa was liable to repay the £70,000 upon sale of the property
  3. 3 Whether the trial judge's factual findings were plainly wrong

Ratio Decidendi

The trial judge's finding that Prebble lent £70,000 directly to Costa, with repayment due upon sale of the property, was not plainly wrong and was supported by witness evidence and correspondence; the appeal fails.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; trial judge's order stands.