Anton v White

Case

[2001] NSWCA 66

30 March 2001


Details
AGLC Case Decision Date
Anton v White [2001] NSWCA 66 [2001] NSWCA 66 30 March 2001

CaseChat Overview and Summary

The appellant, Anton, brought a claim for damages for assault against the respondent, White. The claim was dismissed by the trial judge. Anton appealed this decision, primarily attacking the trial judge's findings of fact. The appeal was heard by Mason P, Priestley JA, and Barr J.

The central legal issue before the Court of Appeal was whether the trial judge's findings of fact were demonstrably wrong, thereby providing a sufficient basis for interfering with those conclusions.

The Court of Appeal held that there was no sufficient basis to interfere with the trial judge's findings. Their Honours concluded that the trial judge's conclusions were soundly based on his principal findings of primary fact, which the appellate court found were not demonstrably wrong.

The appeal was dismissed with costs.
Details

Areas of Law

  • Negligence & Tort

  • Civil Procedure

Legal Concepts

  • Appeal

  • Damages

  • Duty of Care

  • Negligence

  • Costs

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

0

Briginshaw v Briginshaw [1938] HCA 34
Briginshaw v Briginshaw [1938] HCA 34
Briginshaw v Briginshaw [1938] HCA 36