Anjoul v Westpac Banking Corporation & Antunes; Koura v Westpac Banking Corporation & Antunes; Koura v Westpac Corporation & Antunes

Case

[2000] NSWCA 355

14 December 2000


Details
AGLC Case Decision Date
Anjoul v Westpac Banking Corporation and Antunes; Koura v Westpac Banking Corporation and Antunes; Koura v Westpac Corporation and Antunes [2000] NSWCA 355 [2000] NSWCA 355 14 December 2000

CaseChat Overview and Summary

The appeals concerned alleged errors of fact made by a trial judge in proceedings brought by Anjoul and Koura against Westpac Banking Corporation and Antunes. The parties had reached an agreement regarding the existence of certain errors of fact, and the central question before the Court of Appeal was the consequences of these agreed errors, particularly in light of the principle that an appellate court may disregard an error if it has caused no substantial harm to the parties.

The Court of Appeal was required to determine whether the agreed errors of fact constituted an "appellable error" and, if so, whether those errors had caused any substantial harm to the appellants, Anjoul and Koura. The court had to consider the application of the "no harm" principle in the context of the specific errors identified and agreed upon by the parties.

The Court of Appeal dismissed the appeals. The reasoning, though not detailed in the provided text, indicates that the court found that the agreed errors of fact did not result in substantial harm to the appellants, thereby upholding the trial judge's decision. The parties were directed to submit appropriate orders for the Court's approval within seven days.
Details

Areas of Law

  • Civil Procedure

  • Contract Law

Legal Concepts

  • Appeal

  • Costs

  • Remedies

  • Res Judicata

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