Antov v Bokan (No 2)

Case [2019] NSWCA 250


Court of Appeal


Supreme Court


New South Wales

  • Summary available
Medium Neutral Citation: Antov v Bokan (No 2) [2019] NSWCA 250
Hearing dates: 2 July 2019
Date of orders: 18 October 2019
Decision date: 18 October 2019
Before: Bathurst CJ at [1], Bell P at [2] and Payne JA at [78]
Decision:

Appeal dismissed with costs

Catchwords:

APPEAL – claim in promissory estoppel based on representations said to derive from two documents – whether primary judge erred in holding that one of the documents was not authentic – no error – no issue of principle

  CIVIL PROCEDURE – video link evidence – whether primary judge erred in refusing to permit video link evidence
Legislation Cited: Evidence (Audio and Audio Visual Links) Act 1998 (NSW) s 5B
Uniform Civil Procedure Rules 2005 (NSW) r 31.3
Cases Cited: Browne v Dunn (1893) 6 R 67
Campaign Master (UK) Ltd v Forty Two International Pty Ltd (No 3) (2009) 181 FCR 152; [2009] FCA 1306
House v R (1936) 55 CLR 499; [1936] HCA 40
Singer v Berghouse (1994) 181 CLR 201; [1994] HCA 40
Category:Principal judgment
Parties: Vase Antov (Appellant)
Lidija Bokan (First Respondent)
Radmila Antova (Second Respondent)
Representation:

Counsel:

 

Mr G W McGrath SC with Mr M V Sahade (Appellant)
Mr M J Heath with Mr B J Dean (First Respondent)
Submitting appearance (Second Respondent)

 

Solicitors:

  Oliveri Lawyers (Appellant)
Matthews Folbigg Pty Ltd (First Respondent)
Self-represented (Second Respondent)
File Number(s): 2018/332235
Publication restriction: N/A
 Decision under appeal 
Court or tribunal:
Supreme Court of New South Wales
Jurisdiction:
Equity
Citation:
[2018] NSWSC 1474
Date of Decision:
3 October 2018
Before:
Ward CJ in Eq
File Number(s):
2015/00331929

Headnote

[This headnote is not to be read as part of the judgment]

The appellant, Mr Vase Antov (Vase), was the grandson of the late Ms Ljubica Dimitrovska (the deceased), and his aunt, the first respondent, Ms Lidija Bokan (Lidija) was the deceased’s daughter. The second respondent, Ms Radmila Antova (Radmila), was the mother of Vase and Lidija’s step-sister. The proceedings arose out of Vase’s claim that he was entitled to an unencumbered interest in property in Granville (the Granville property), which had been owned by the deceased and which had been occupied by Vase (together with the deceased and Radmila) from approximately May 2010.

Vase sought a declaration that, in the events which had happened, Lidija (as executor of the deceased’s estate) held the Granville property upon constructive trust for him. He also sought an order that Lidija do all things and sign all documents necessary to transfer the unencumbered title of the Granville property to him, and further sought a declaration that, as executor of the estate, Lidija held the balance of the estate upon constructive trust for him.

Vase’s case rested upon the existence of two documents – a Power of Attorney, and a document described as a Contract for a Gift, which was said to have been…

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AGLC
Antov v Bokan (No 2) [2019] NSWCA 250
Case
[2019] NSWCA 250
Decision Date

CaseChat Overview and Summary

The appeal concerned a claim in promissory estoppel brought by the appellant, Antov, against the respondent, Bokan. The appellant alleged that representations made in two documents formed the basis of his promissory estoppel claim. The primary judge had found that one of these documents was not authentic, which was a central point of contention on appeal. The appeal was heard by Bathurst CJ, Bell P, and Payne JA.

The court was required to determine two principal legal issues. Firstly, whether the primary judge erred in finding that one of the documents relied upon by the appellant was not authentic. Secondly, the court considered whether the primary judge had erred in refusing to permit evidence to be given via video link.

In relation to the authenticity of the document, the Court of Appeal found no error in the primary judge's determination. The court did not identify any issue of principle arising from this finding. Regarding the refusal to permit video link evidence, the judgment does not elaborate on the specific reasoning or legal principles applied by the primary judge or the Court of Appeal in this regard, other than stating that no error was found.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs.

Orders

Orders of the court

Appeal dismissed with costs

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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